Gauhati High Court

I.A.(Civil)/1730/2026 of ON THE DEATH OF GOLAP PRASAD SAHU, HIS LEGAL HEIR, SMTI SUBHADRA SAHU Vs ON THE DEATH OF ASHOK GUPTA HIS LEGAL HEIR SMT KABITA GUPTA on 13 October 2026

GAHC010100782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1730/2026 ON THE DEATH OF GOLAP PRASAD SAHU, HIS LEGAL HEIR, SMTI SUBHADRA SAHU WO LATE GOLAP PRASAD SAHU, RO VILL RAJOTIA GAON, MALOW ALI, JORHAT, PS JORHAT,

GAHC010100782026

undefined

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/1730/2026

ON THE DEATH OF GOLAP PRASAD SAHU, HIS LEGAL HEIR, SMTI

SUBHADRA SAHU

WO LATE GOLAP PRASAD SAHU, RO VILL RAJOTIA GAON, MALOW ALI, JORHAT, PS JORHAT, DISTRICT JORHAT ASSAM

2: SRI SHIV KUMAR SAHU

SON OF LATE GOLAP PRASAD SAHU

RO VILL RAJOTIA GAON

MALOW ALI

JORHAT

PS JORHAT

DISTRICT JORHAT ASSAM

3: SRI RADHESHYAM SAHU

SON OF LATE GOLAP PRASAD SAHU. RO VILL RAJOTIA GAON

MALOW ALI

JORHAT

PS JORHAT

DISTRICT JORHAT ASSAM

4: SRI PANCHAM SAHU

SON OF LATE GOLAP PRASAD SAHU

RO VILL RAJOTIA GAON

MALOW ALI

JORHAT

PS JORHAT

DISTRICT JORHAT ASSA

VERSUS

ON THE DEATH OF ASHOK GUPTA HIS LEGAL HEIR SMT KABITA GUPTA

WIFE OF LATE ASHOK GUPTA , RESIDENT OF MALOW ALI BYE PASS, NEAR BHARAT GAS AGENCY, PO JORHAT 1, PS JORHAT, DISTRICT

JORHAT, ASSAM, PIN 785001

Page 1 of 6

1.1.2:SMT RIDHI GUPTA

DO LATE ASHOK GUPTA

RESIDENT OF MALOW ALI BYE PASS

NEAR BHARAT GAS AGENCY

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001

1.2:SRI RAJ KUMAR GUPTA

SO LATE SATDEO GUPTA

RESIDENT OF TARAJAN PATH

TARAJAN

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001

1.3:SRI PRADIP GUPTA

SO LATE SATDEO GUPTA

RESIDENT OF TARAJAN CREMATION GROUND

SHAMSHAN ROAD

TARAJAN

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001

1.4:SRI DILIP GUPTA ALIAS PAPU

SO LATE SATDEO GUPTA

RESIDENT OF TARAJAN CREMATION GROUND

SHAMSHAN ROAD

TARAJAN

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001

2.1:SMTI SARASWATI DEVI ALIAS BABANA DEVI

RO R B ROAD

Page 2 of 6

TARAJAN

JORHAT

NEAR CRYSTAL

DISTRICT JORHAT

ASSAM

PIN 785001

2.2:SRI MANAB SAHU ALIAS RAJ KUMAR SAHU

CO SRI PRABHAT PHUKAN RESIDENT OF TARUN RAM PHUKAN PATH

TARAJAN

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001.

2.3:SRI RAMESH SAHU

CO SRI PRABHAT PHUKAN RESIDENT OF TARUN RAM PHUKAN PATH

TARAJAN

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 785001.

2.4:SMTI PUSPA DEVI ALIAS PUSPA SAHU MEDHI

RO RB ROAD

TARAJAN

JORHAT

NEAR CRYSTAL

DISTRICT JORHAT

ASSAM

PIN 785001

3:SRI LAXMI NARAYAN SAHU

SO LATE RAM NARAYAN SAHU RESIDENT OF MALOW ALI PIPE LINE

NEAR SANKAR SANGHA NAMGHAR

PO JORHAT 1

DISTRICT JORHAT

ASSAM

PIN 785001

4:SMT KAMALA SAHU

DO LATE RAM NARAYAN SAHU RESIDENT OF BISHNU STORE

GAR ALI

Page 3 of 6

NEAR ELEE CINEMA HALL

JORHAT PO JORHAT 1

DISTRICT JORHAT

ASSAM

PIN 785001

5.1:SRI TARAKESWAR SAHU

RO TARAJAN CREMATION GROUND

SAMSHAN ROAD

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT ASSAM PIN 785001

5.2:SRI BHIM SAHU

RO TARAJAN CREMATION GROUND

SAMSHAN ROAD

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT ASSAM PIN 785001

5.3:SRI RAJ KUMAR SAHU

RO TARAJAN CREMATION GROUND

SAMSHAN ROAD

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT ASSAM PIN 785001

5.4:SMT RAMAWATI SAHU

DO LATE BALAWATI SAHU CO RAGHUNATH SAHU

RESIDENT OF VILLAGE DOOMAR DALANG

MORAN

PO DOOMAR DALANG

DISTRICT SIVASAGAR

ASSAM

PIN 786613

6:SMTI LILAWATI SAHU

CO SRI DIPAK SAHU RESIDENT OF MATHURAJ NEAR ELEE CINEMA HALL

GAR ALI

JORHAT

PO JORHAT 1

PS JORHAT

DISTRICT JORHAT

ASSAM

PIN 78500

Advocate for the Petitioner : MR. D K KOTOKY,

Page 4 of 6

Advocate for the Respondent : MR N BARUAH, In RSA Case No. 199/2005

With

RSA Case No. 199/2005

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

14.10.2026

1. Heard Mr. D.K. Kotoky, the learned counsel for the applicants.

2. This interlocutory application has been filed under Order 22 Rule 4 of the Code of Civil Procedure, 1908 by the applicants/appellants in connection with Regular Second Appeal No. 199 / 2005, praying for substitution of the legal heirs of deceased respondent No. 1 (i), namely, Late Ashok Gupta, who expired on 28th April, 2026.

3. The learned counsel for the applicants submits that the present applicants/appellants came to know about death of the respondent No.1 (i) only on 12.05.2026, and thereafter, this application for substituting the legal heirs of the deceased party has been filed.

4. He further submits that the application for substitution has been filed within the period of limitation.

5. The learned counsel for the applicants has submitted that the respondent Ashok Gupta died living behind his wife, Smt. Kabita Gupta and daughter Smt. Ridhi Gupta as his legal heirs and same are required to be substituted in his place.

6. I have gone through the materials available on record and have

Page 5 of 6

considered the submissions made by learned counsel for the applicants.

7. It appears that this interlocutory application has been filed within the prescribed period of limitation provided for filing the application for substituting the legal heirs.

8. As such, the prayer is allowed.

9. The applicants are allowed to substitute Smt. Kabita Gupta and Smt. Ridhi Gupta as respondent No. 1 (i) (a) and respondent No. 1 (i)(b) respectively in the memo of appeal.

10. The applicants shall submit the corrected cause title of the memo of appeal in the connected RSA No. 199 / 2005, before the next date fixed.

11. This interlocutory application is, accordingly, disposed of.

12. List the connected Regular Second Appeal after Puja Vacation.

JUDGE

Comparing Assistant

Page 6 of 6

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead