Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 7422 (GAU)

ON THE DEATH OF SMTI KAMALA DAS KAMALA PRABHA DAS HER LEGAL HEIRS v. ON THE DEATH OF MAINA KALITA,

I.A.(Civil)/1740/2026 · 2026-06-02

Kalyan Rai Surana

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010102982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1740/2026 ON THE DEATH OF SMTI KAMALA DAS KAMALA PRABHA DAS HER LEGAL HEIRS RESIDENT OF HOUSE NO.17 ASHRAM ROAD SOUTH SARANIA BYE LANE-4 ULUBARI GUWAHATI-7 1.1: MALABIKA PATHAK D/O- LATE BHOLANATH DAS RESIDENT OF HOUSE NO.17 ASHRAM ROAD SOUTH SARANIA BYE LANE-4 ULUBARI GUWAHATI-7 1.2: SUSHIL KUMAR DAS S/O-LATE BHOLANATH DAS RESIDENT OF HOUSE NO.385 TETELIA NAMGHAR PATH GUWAHATI-781033 1.3: ARUNIMA SAIKIA D/O- LATE BHOLANATH DAS RESIDENT OF FLAT NO. A 4 2ND FLOOR SONY APARTMENT BARTHAKUR MILL ROAD ULUBARI Page No.# 2/4 GUWAHATI-7 VERSUS ON THE DEATH OF MAINA KALITA HER LEGAL HEIRS 1.1:ON THE DEATH OF SRI ARUP KALITA HIS LEGAL REPRESENTATIVES HEIRS 1.1.1:SMTI MUNMI BARUAH KALITA W/O- LATE OF SRI ARUP KALITA 1.1.2:SRI NILAN KALITA S/O- LATE OF SRI ARUP KALITA IS MINOR AND AS SUCH HE IS REPRESENTED BY HIS MOTHER SMTI MUNMI BARUAH KALITA 1.2:SRI SIMANTA KALITA S/O- LATE MAINA KALITA 1.3:SMTI JURI KALITA DAS W/O- SRI MONOJ DAS 1.4:SRI JOGESH CHANDRA KALITA S/O- LATE SANJAY RAM KALITA ALL ARE RESIDENTS OF VILLAGE- AGCHIYA P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 2:SMTI JAMUNA KALITA W/O- SRI GIRISH KALITA R/O VILLAGE- MIRZA- JAMARHAT P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 3.1:LEGAL HEIRS REPRESENTATIVES OF CHARU KALITA I) SRI RATUL KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM Page No.# 3/4 3.2:SRI MONOJ KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 3.3:SMTI JUNU KALITA D/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 4:SMTI MINU KALITA W/O- SRI DWIPEN DAS R/O VILLAGE- JALUKBARI LANKESWAR P.S. JALUKBARI DISTRICT- KAMRUPM ASSAM ------------ Advocate for : MR. N HAQUE Advocate for : MS P SARMA appearing for ON THE DEATH OF MAINA KALITA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 03.06.2026 Heard Mr. N. Hoque, learned counsel for the applicant and Ms. P. Sarma, learned counsel appearing for the respondent. 2. This is an application under Order XXII Rule 3 CPC for substitution of legal representatives of the deceased applicant in the proceedings of I.A.(C) 1805/2025, I.A.(C) 1807/2025, and I.A.(C) 1808/2025. It is submitted that the name of the deceased applicant in the said three applications have already been substituted in RSA 301/2014 and consequential amendments of the cause-title was also done, which was filed on 27.04.2026. Page No.# 4/4 3. Heard the learned counsel for the respondent in the matter. 4. As the substitution has already been allowed in the connected RSA 301/2014, the Court finds no necessity of consequential substitution in the interlocutory application. Accordingly, the prayer made in this interlocutory application stands allowed as the applicants in above referred three interlocutory applications have already been substituted in RSA 301/2014. 5. This application stands closed. JUDGE Comparing Assistant