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

Cites 0, Cited by 0

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

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

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

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.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

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