GAHC010124782024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/1483/2025

ON THE DEATH OF ANUP SARMA

HIS LEGAL HEIRS

2: 3.A SMTI KAMINI DEVI W/O LATE ANUP SARMA

RESIDENT OF VILLAGE PUB SAHAN

PO AND PS RANGIA

DIST KAMRUP ASSAM

3: 3.B JITUL SARMA

S/O LATE ANUP SARMA

RESIDENT OF VILLAGE PUB SAHAN

PO AND PS RANGIA DIST KAMRUP ASSA

VERSUS

THE COLLECTOR, KAMRUP(R) AND 2 ORS B

KAMRUP R AMINGAON, ASSAM 781031

2:THE SECRETARY TO THE UNION OF INDIA

MINISTRY OF DEFENCE

SOUTH BLOCK

NEW DELHI II

3:THE DEFENCE ESTATE OFFICER

TEZPUR CIRCLE

GOLE PARK ROAD

TEZPUR ASSAM 78400

Advocate for the Petitioner : MR D K NATH,

Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

08.12.2025 Date :

1. Heard Mr. D. K. Nath, the learned counsel for the applicant. Also heard Ms. D. D. Barman, the learned Additional Government Advocate appearing for the respondent No.1 as well as Mr. R. Dev Choudhury, the learned counsel for the respondent Nos.

2 and 3.

2. This application under Order 22 Rule 1 and 2 of the Code of Civil Procedure, 1908 has been filed by the appellant/applicant praying for allowing the substitution of legal representatives of the appellant No.3 on his death on 22.03.2024.

3. The learned counsel for the applicant submits that the present application has been filed within the period of limitation and the appellant No.3 died leaving behind his wife Smti Kamini Devi and a son as his legal heirs and, therefore, the said legal heirs may be substituted in his place in the Memo of Appeal.

4. The prayer is not objected to by the learned counsel for the respondent.

5. Since, the prayer for substitution has been made within prescribed period of limitation after the death of the appellant No.3 on 22.03.2024, the prayer is allowed.

6. The name of Smti Kamini Devi and Shri Jitul Sarkar shall be substituted as an appellant No.3 (a) and 3 (b) in place of the deceased appellant in Memo of Appeal.

7. The applicant is directed to submit the amended cause title of the Memo of Appeal within seven days from the date of this order.

8. This Interlocutory Application is, accordingly, disposed of.

JUDGE Comparing Assistant