Gauhati High Court
I.A.(Civil)/1995/2026 of ON THE DEATH OF SRI SURESH MALOO, HIS LEGAL HEIRS Vs ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR on 17 September 2026
GAHC010045812019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/44/2019 ON THE DEATH OF SHRI SURESH MALOO HIS LEGAL HEIRS GANGA DEVI MALOO AND 3 ORS BONGAIGAON, ASSAM 1.1: GANGA DEVI MALOO M/O LATE SURESH MALOO RESIDENT OF MAIN ROAD
GAHC010045812019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/44/2019
ON THE DEATH OF SHRI SURESH MALOO HIS LEGAL HEIRS GANGA DEVI
MALOO AND 3 ORS
BONGAIGAON, ASSAM
1.1: GANGA DEVI MALOO
M/O LATE SURESH MALOO
RESIDENT OF MAIN ROAD
WARD NO. 4
BONGAIGAON
DISTRICT- BONGAIGAON
ASSAM
1.2: SHASHI MALOO
W/O LATE SURESH MALOO
RESIDENT OF MAIN ROAD
WARD NO. 4
BONGAIGAON
DISTRICT- BONGAIGAON
ASSAM
1.3: SHRUTI SIROHIYA
D/O LATE SURESH MALOO
RESIDENT OF MAIN ROAD
WARD NO. 4
BONGAIGAON
DISTRICT- BONGAIGAON
ASSAM
1.4: SURABHI KABRA
D/O LATE SURESH MALOO
RESIDENT OF MAIN ROAD
WARD NO. 4
BONGAIGAON
DISTRICT- BONGAIGAON
ASSA
VERSUS
NAKUL CHOUDHURY AND 4 ORS.
S/O- LATE BALORAM CHOUDHURY, R/O- BONGAIGAON DAILY BAZAAR
(BORO BAZAAR), BONGAIGAON MAIN ROAD, P.O,P.S AND DIST- BONGAIGAON, ASSAM
2:MUKUL CHOUDHURY
S/O- LATE BALORAM CHOUDHURY
R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR)
BONGAIGAON MAIN ROAD
P.O
P.S AND DIST- BONGAIGAON
ASSAM
3:MALAYA CHOUDHURY
D/O- LATE BALORAM CHOUDHURY
R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR)
BONGAIGAON MAIN ROAD
P.O
P.S AND DIST- BONGAIGAON
ASSAM
4:SABITA CHOUDHURY
D/O- LATE BALORAM CHOUDHURY
R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR)
BONGAIGAON MAIN ROAD
P.O
P.S AND DIST- BONGAIGAON
ASSAM
5:SATHI CHOUDHURY
W/O- LATE NANI GOPAL CHOUDHURY
R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR)
BONGAIGAON MAIN ROAD
P.O
P.S AND DIST- BONGAIGAON
ASSA
Advocate for the Petitioner : MR. D MOZUMDER, MR. S BISWAS,MS. J KAKOTI
Advocate for the Respondent : MR S S SHARMA, MRS L SHARMA,MR. B J MUKHERJEE,MR H
BURAGOHAIN,FOR CAVEATOR
Linked Case : I.A.(Civil)/1995/2026
ON THE DEATH OF SRI SURESH MALOO
HIS LEGAL HEIRS
R/0 MAIN ROAD
WARD NO.4
BONGAIGAON
DISTRICTBONGAIGAON
ASSAM
1.1: SMT GANGA DEVI MALOO
MOTHER OF LATE SURESH MALOO
1.2: SMT SASHI MALO
WIFE OF LATE SURESH MALOO
1.3: SMT SHRUTI SIROHIYA
DAUGHTER OF MALOO
1.4: SMT SURABHI KABRA
DAUGHTER OF LATE SURESH MALOO
ALL ARE R/0 MAIN ROAD
WARD NO.4
BONGAIGAON
DISTRICTBONGAIGAON
ASSAM
VERSUS
ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR
RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR
BONGAIGAON
MAIN ROAD
P.O.
P.S. AND DISTRICT - BONGAIGAON
ASSAM.
1.1:SRI NILADRI CHOUDHURY
D/O LATE NAKUL CHOUDHURY.
1.2:SMT MADHUMITA DUTTA
D/O LATE NAKUL CHOUDHURY.
1.3:SMT MAUSUMI DUTTA
D/O LATE NAKUL CHOUDHURY.
2:SRI MUKUL CHOUDHURY
S/OLATE BALORAM CHOUDHURY
3:SMT MALAYA CHOUDHURY
DAUGHTERS OF - LATE BALORAM CHOUDHURY
4:SMT SABITA CHOUDHURY
DAUGHTERS OF - LATE BALORAM CHOUDHURY
5:ON THE DEATH OF SATHI CHOUDHURY HER LEGAL HEIR
RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR
BONGAIGAON
MAIN ROAD
P.O.
P.S. AND DISTRICT - BONGAIGAON
ASSAM.
5.1:SRI NILAY CHOUDHURY
S/O- LATE SATHI CHOUDHURY.
5.2:SRI NAYAN CHOUDHURY
S/O- LATE SATHI CHOUDHURY.
5.3:SMT SAMPA SARMA
D/O- LATE SATHI CHOUDHURY.
5.4:SMT RUPA DEY
D/O- LATE SATHI CHOUDHURY
5.5:SMT TUPAI ROY ALIAS SRABANI ROY
D/O- LATE SATHI CHOUDHURY
5.6:SMT LUCKY PAUL
D/O- LATE SATHI CHOUDHURY ALL ARE RESIDENTS OF BONGAIGAON
DAILY BAZAR BORO BAZAR
BONGAIGAON
MAIN ROAD
P.O.
P.S. AND DISTRICT - BONGAIGAON
ASSAM.
------------
Advocate for : MR. D MOZUMDER
Advocate for : MR. B J MUKHERJEE appearing for ON THE DEATH OF NAKUL
CHOUDHURY HIS LEGAL HEIR
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
18/09/2026 The present application has been filed under Order XXII Rule 4 of the CPC praying for substitution of the name of the legal heirs of the respondent Nos. 1 & 5 in CRP No. 44/2019.
2. Heard learned counsel, Ms. S. Nath, for the applicants. Also heard Mr. B.J. Mukherjee, learned counsel for the respondents.
3. The case of the applicant herein is that they had filed revision petition being CRP No. 44/2019 before this Court against the judgment and decree dated 07.12.2018 passed in T.A. No.14/2016 by the learned Civil Judge, Bongaigaon, Assam, which is pending at the stage of hearing.
4. The applicants submits that during the pendency of the revision petition, the respondent No. 1/Sri. Nukul Choudhury expired on 09.01.2025 leaving behind his legal heirs:- i) Sri. Niladri Choudhury, Son, ii) Smt. Madhumita Dutta, Daughter and iii) Smt. Mausumi Dutta, Daughter.
5. The applicants further submits that during the pendency of the civil revision petition No. 44/2019, the respondent No. 5 also expired on 01.12.2025 leaving behind the following legal heirs:-
1. Sri. Nilay Choudhury (Son)
2. Sri. Nayan Choudhury (Son)
3. Smt. Sampa Sarma (Daughter)
4. Smt. Rupa Dey (Daughter)
5. Smt. Tupai Roy @ Srabani Roy (Daughter)
6. Smt. Lucky Paul (Daughter)
6. The applicants further states that the right to sue survives against the legal heirs of the respondent Nos. 1 & 5. Hence, this application for substitution of the names of the legal heirs of late Nukul Choudhury and late Sathi Choudhury has been filed by the applicants. The applicants also submits that they have taken good grounds in the revision petition and there is a fair chance of success in the petition and if the legal heirs are not substituted in place of the respondent Nos. 1 & 5, then the applicants would suffer irreparable loss.
7. This Court has considered the submission of the applicant and also perused the pleadings and is of the view that the instant application needs to be allowed. Accordingly, the application is allowed and the applicants are allowed to substitute the names of the legal heirs of the respondent No. 1 as mentioned in paragraph No. 3 of the application and also the legal heirs of respondent No. 5 as mentioned in paragraph No. 4 of the application.
8. The applicants shall take steps to file an amended cause title in the amended CRP No. 44/2019 within 1 (one) week from today and serve a copy of the same to the learned counsel for the respondents.
9. Application stands disposed.
JUDGE
Comparing Assistant