Research › Search › Judgment

Gauhati High Court · body

2031 DAILYLAW 1 (GAU)

THE STATE OF ASSAM v. ON THE DEATH OF FAIZUDDIN AHMED, HIS LEGAL HEIRS, BASHIRAN NESSA (WIFE)

I.A.(Civil)/2031/2026 · 2026-07-28

Mridul Kumar Kalita

body2031

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010116292026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2031/2026 THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SCRETARY GOVT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI ASSAM 06 2: DISTRICT COMMISSIONER BAKSA DIST BAKSA ASSAM 3: SUPERINTENDENT OF POLICE BAKSA DIST BAKSA ASSAM 4: SUB DIVISIONAL POLICE OFFICER SALBARI DIST BAKSA ASSAM 5: OFFICER IN CHARGE GOBARDHANA POLICE STATION DIST BAKSA ASSAM VERSUS ON THE DEATH OF FAIZUDDIN AHMED HIS LEGAL HEIRS BASHIRAN NESSA (WIFE) RESIDENT OF VILLAGE DHAKUA DIST BARPETA ASSAM Page No.# 2/3 781309 ASSAM 2:SADDAM HUSSAIN SON RESIDENT OF DHAKUA DIST BARPETA ASSAM 781309 ASSAM 3:RAHUL AMIN SON RESIDENT OF DHAKUA DIST BARPETA ASSAM 781309 ASSAM ------------ Advocate for : GA ASSAM Advocate for : MR. SURAJIT DAS appearing for ON THE DEATH OF FAIZUDDIN AHMED HIS LEGAL HEIRS BASHIRAN NESSA (WIFE) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 29.07.2026 1. Heard Mr. D. Nath, the learned Senior Government counsel for the applicant. Also heard Mr. S. Das, the learned counsel for the opposite party. 2. This Interlocutory Application under Order 22 Rule 4 Read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the applicants praying for substituting the legal heirs of the deceased respondent, namely, Faizuddin Ahmed, who expired on 24.11.2025. Page No.# 3/3 3. I have considered the submissions made by learned counsel on both sides. 4. Considering the averments made in the instant Interlocutory Application, the substitution application is allowed and the names of the legal heirs of the deceased respondent, namely, Bashiran Nessa, (wife), Saddam Hussain (Elder son) and Rahul Amin (Younger son) are allowed to be substituted as respondent No. 1(i), 1(ii), and 1(iii) in place of the deceased respondent, Faizuddin Ahmed. 5. This Interlocutory Application, is accordingly, disposed of. 6. The applicant shall file an amended cause title of the memo of appeal and also amended cause title in the Interlocutory Application (Civil) No. 648/2025 within 15 days from the date of this order. 7. Let this matter be listed on 17.08.2026. JUDGE Comparing Assistant