Page No.# 1/3 GAHC010218832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/704/2026 SMT ARATI RAY CHOUDHURY W/O LATE KAMAL ADHIKARY, RESIDENT OF HOUSE NO 9A, PB ROAD, SUAGPUR, REHABARI, GUWAHATI 781008, KAMRUP METRO, ASSAM 2: MS BHAKTIRUPA ADHIKARY D/O LATE KAMAL ADHIKARY RESIDENT OF HOUSE NO 9A PB ROAD SUAGPUR REHABARI GUWAHATI 781008 KAMRUP METRO ASSA VERSUS SRI JAGAT CHANDRA NATH S/O LATE HEMO RAM NATH, RESIDENT OF VILLAGE JOGIPARA AZARA, PS AZARA, PIN 781017, DISTRICT KAMRUP METRO, ASSAM 2:MD BILAL S/O MD. IMAN ALI RESIDENT OF VILLAGE HATICHOWLAPAM PS CHHAYGAON PIN 781124 DISTRICT KAMRUP ASSAM 3:ORIENTAL INSURANCE CO LTD GS ROAD ULUBARI CHARIALI Page No.# 2/3 GUWAHATI 78100 Advocate for the Petitioner : MR B K JAIN, MS. C AGARWAL,MR. N J DAS,MR. A C MAHANTA Advocate for the Respondent : MR. S K GOSWAMI, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10.06.2026 1. The instant application under Order XXII Rule 3 & 11 of the CPC read with Section 151 of the CPC has been filed praying for substitution of the legal heirs of the appellant namely, Shri Kamal Adhikari, who expired during the pendency of the appeal on 27/06/2025 and further for amendment of the cause title of the memo of appeal in order to proceed with the appeal. 2. It is submitted by Mr. B. K. Jain, learned counsel for the applicant that the appellant, Kamal Adhikari in MAC appeal No 172 of 2016 has expired during the pendency of the present appeal on 27/06/2025 at Goalpara, Assam. A copy of the death certificate of the appellant is annexed in the application as Annexure- 1. 3. The learned counsel for the applicant further submits that the Lt. Kamal Adhikari/appellant left behind the following legal representatives/heirs at the time of his death- (i) Smt. Arati Ray Choudhury, wife of late Kamal Adhikari (ii) Miss Bhaktirupa Adhikari, daughter of Lt. Kamal Adhikari. The applicant has also annexed a copy of the next of kin certificate in the application as Annexure-2. Page No.# 3/3 4. The applicant submits that the right to sue survives in the legal representatives/heirs of the deceased/applicant. It is submitted that the instant substitution petition has been filed within time and there is no impediment in allowing the instant substitution application and therefore, it is prayed that the name of the legal heirs of the deceased appellant may be allowed to be inserted in place of the appellant and the amendment of the cause title may be allowed. 5. Mr. S. K. Goswami, learned counsel appears for the respondent No.3 and has no objections to the instant application. 6. Accordingly, applicant is allowed to substitute the name of Smt. Arati Roy Chowdhury as appellant number 1(a) and Miss Bhaktirupa Adhikari as applicant number 1(b) in place of the sole appellant Lt. Kamal Adhikari. 7. The applicant shall file amended cause title before the Registry of this court within 2(two) weeks from today. 8. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant