Gauhati High Court
I.A.(Civil)/2419/2026 of SHRI JAGADISH CH BANIK Vs SHRI BHOLA NATH MAZUMDAR on 8 September 2026
GAHC010139672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2419/2026 SHRI JAGADISH CH BANIK S/O SHRI NITYANANDA BANIK, RESIDENT OF SILCHAR ROAD, SRIBHUMI KARIMGANJ TOWN, P.O. KARIMGANJ, DISTRICT SRIBHUMI, ASSAM VERSUS
GAHC010139672026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2419/2026
SHRI JAGADISH CH BANIK
S/O SHRI NITYANANDA BANIK, RESIDENT OF SILCHAR ROAD, SRIBHUMI
KARIMGANJ TOWN, P.O. KARIMGANJ, DISTRICT SRIBHUMI, ASSAM
VERSUS
SHRI BHOLA NATH MAZUMDAR
S/O LATE PRANONATH MAZUMDAR, RESIDENT OF A.C. SEN ROAD
KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI
ASSAM 788710
2:LEGAL REPRESENTATIVES OF LATE SHRI ASHISH MAZUMDAR
A.C. SEN ROAD KARIMGANJ TOWNP.O. SRIBHUMI KARIMGANJ DISTRICT
SRIBHUMI ASSAM 788710
2.1:SOMA MAJUMDAR
W/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
2.2:ANUSHKA MAJUMDAR
D/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
2.3:SOUMILI MAJUMDAR
D/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
3:SHRI UJJAL MAJUMDAR
S/O SHRI BHOLA NATH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
4:SHRI BHASKAR DAS
S/O LATE REBATI MOHAN DAS
RESIDENT OF BONAMALI ROAD
SRIBHUMI
PO AND DIST SRIBHUMI
ASSAM 78871
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. N G KUNDU
Advocate for the Respondent : MR. S C KEYAL, In CRP Case No. 329/2013
with
CRP Case No. 329/2013
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER
09.09.2026 [1] Heard Mr. M. Hussain, the learned counsel for the applicant. Also Mr. D. Mozumder, the learned counsel for the opposite parties. [2] This application under Order XXII Rule 4 of the Code of Civil Procedure has been preferred by the applicant praying for substituting the legal heirs of deceased respondent No. 2 in connected C.R.P. No. 329/2013. [3] It is stated that the respondent No. 2, Sri Ashish Mazumdar had died on 22.01.2026, leaving behind three legal heirs, namely, Soma Majumdar, Anushka Majumdar, and Soumili Majumdar. [4] The learned counsel for the applicant further submits that though there was a delay in preferring the instant interlocutory application, however, said delay has been condoned and the abatement of the C.R.P. No. 329/2013 has also been set aside in the connected interlocutory application. He, thus, prays for substituting the legal heirs of deceased respondent No. 2 in his place in the connected C.R.P. No. 329/2013. [5] The prayer is not opposed to by the learned counsel for the opposite party. [6] Hence,
this
interlocutory application is allowed. [7] The names of Ms. Soma Majumdar, Ms. Anushka Majumdar, and Ms. Soumili
Majumdar shall be substituted as respondent No. 2(i), 2(ii), and 2(iii) respectively in the connected C.R.P. No. 329/2013. [8] The petitioner shall submit the corrected cause title showing the names of the substituted respondent therein in the connected C.R.P. No. 329/2013 before the next date. [9] Let the connected C.R.P. No. 329/2013 be listed after 2(two) weeks. [10] This interlocutory application is, accordingly, disposed of.
JUDGE Comparing Assistant