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2024 Supreme(Online)(GAU) 10194
GAHC010006082013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/45/2023 in MACApp. 226 of 12 NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI-5 HAVING ONE OF ITS DIVISIONAL OFFICE AT JORHAT AND A BRANCH OFFICE AT GOLAGHAT.
VERSUS LAKHI NATH DOLEY 4 ORS S/O LATE MANURAM DOLEY RESIDENT OF DAUKHUTI MUKH GOLAGHAT ASSAM.
2:ON THE DEATH OF RESPONDENT NO. 2 BIMAL KUMAR BORAH HIS LEGAL HEIRS AND REPRESENTATIVES WITH THEIR PLACE OF DWELLING SMTI . MINJU BORAH W/O LATE BIMAL KUMAR BORAH R/O RAJAHOLI SONARI GAON P.O. KOROKATALI DISTRICT JORHAT ASSAM
2.1:SMTI. MINJU BORAH W/O LATE BIMAL KUMAR BORAH R/O RAJAHOLI SONARI GAON P.O. KOROKATALI DISTRICT JORHAT ASSAM
2.2:SRI KOUSHIK KUMAR BORAH S/O LATE BIMAL KUMAR BORAH R/O RAJAHOLI SONARI GAON P.O. KOROKATALI DISTRICT JORHAT ASSAM
3:HEMO CHAUHAN S/O LATE BIPIN CHAUHAN R/O UJANI BHAKAT POMUA GAON JORHAT ASSAM.
4:MIGAM CHANDRA MEDAK S/O LATE RAM CHANDRA MEDAK R/O DIKHUTIMUKH DIST. GOLAGHAT ASSAM.
5:NEW INDIA ASSURANCE CO. LTD.
HAVING ITS NORTH EASTERN REGIONAL OFFICE AT G.S. ROAD GUWAHATI DIST. KAMRUP ASSAM. ------------
Advocate for : MR. R K BHATRA Advocate for : MR. R GOSWAMI appearing for LAKHI NATH DOLEY 4 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 19 .02. 2024 Heard Ms. P. Huzuri, learned counsel for the applicant/appellant and Ms. P. Borthakur, learned counsel for the respondent No. 5. Also heard Mr. M. Dutta, learned counsel for the respondent No. 4.
This is an application filed under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure for substituting the legal heirs and representatives of the deceased respondent No. 2 i.e. late Bimal Kumar Borah pursuant to the order dated 05.12.2022 passed in analogous appeal permitting substitution of legal representatives of respondent No. 2 and prays accordingly.
The prayer is allowed.
The appellant is allowed to substitute the opposite Party No. 2 late Bimal Kumar Borah by substituting Smti Minju Borah wife of late Bimal Kumar Borah as respondent No. 2(a) and Sri Koushik Kumar Borah as respondent No. 2(b), resident of Rajaholi, Sonari Goan, P.O.
Korokatali, District- Jorhat, Assam.
The applicant shall take steps upon the newly impleated respondent Nos. 2(a) and
2(b) by a registered post with A/D within three days from today.
The I.A. stands allowed and disposed of.
Registry is directed to correct the cause title in the connected appeal.
JUDGE Comparing Assistant Order downloaded on 23-02-2024 08:07:23 PM
