Gauhati High Court
I.A.(Civil)/555/2026 of M/S DIHANG EDUTECH INFRASTRUCTURE PVT LTD Vs ON THE DEATH OF RES. NO. 2, JOY RAM DAS, on 15 March 2026
GAHC010036572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/555/2026 M/S DIHANG EDUTECH INFRASTRUCTURE PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT DIGHALIPUKHURI EAST GUWAHATI-781001
GAHC010036572026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/555/2026
M/S DIHANG EDUTECH INFRASTRUCTURE PVT LTD
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING
ITS OFFICE AT DIGHALIPUKHURI EAST GUWAHATI-781001 DIST. KAMRUP
(M), REP. BY ITS MANAGING DIRECTOR SRI DINESH DAS.
VERSUS
ON THE DEATH OF RES. NO. 2, JOY RAM DAS, HIS LEGAL HEIRS
2.1:SMTI BASUN DAS
W/O LATE JOY RAM DAS
RESIDENT OF VILLAGE BORKUCHI
PO MIRZA
PS PALASHBARI
DIST KAMRUP ASSAM 781125
2.2:SRI DIPAK DAS
S/O LATE JOY RAM DAS
RESIDENT OF VILLAGE BORKUCHI
PO MIRZA
PS PALASHBARI
DIST KAMRUP ASSAM 781125
2.3:SMTI KABITA DAS
D/O LATE JOY RAM DAS
RESIDENT OF VILLAGE BORKUCHI
PO MIRZA
PS PALASHBARI
DIST KAMRUP ASSAM 781125
2.4:SMTI SUMI DAS
D/O LATE JOY RAM DAS
RESIDENT OF VILLAGE BORKUCHI
PO MIRZA
PS PALASHBARI
DIST KAMRUP ASSAM 78112
Advocate for the Petitioner : MR. A DHAR, Advocate for the Respondent : , BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 16.03.2026 Heard Mr. F. Faridi, learned counsel appearing for the applicant. Also heard Mr. P. Sarma, learned counsel appearing for the respondent Nos. 1(a) to 1(d) and the respondent No. 2. By way of the present application, the applicant seeks substitution of the legal heirs of respondent No. 2, namely Late Joy Ram Das, who expired on 17.12.2025 during the pendency of the Regular Second Appeal. It appears from the materials on record that the deceased respondent No. 2 is survived by his wife, one son and two daughters, whose particulars are as follows:
1. Smti. Basun Das, Wife of Late Joy Ram Das
2. Sri Dipak Das,
Son of Late Joy Ram Das
3. Smti. Kabita Das, Daughter of Late Joy Ram Das
4. Smti. Sumi Das, Daughter of Late Joy Ram Das All are residents of Village – Borkuchi, P.O. Mirza, P.S. Palashbari, District – Kamrup, Assam, PIN – 781125. The applicant has submitted that since the right to sue survives, the aforesaid legal heirs are required to be brought on record in place of the deceased respondent No. 2. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court finds that the legal heirs of Late Joy Ram Das are necessary parties for the effective adjudication of the appeal and are liable to be substituted in place of the deceased respondent No. 2. Accordingly, the interlocutory application stands allowed and disposed of. The applicant shall file an amended cause title before the Registry within the prescribed time for carrying out the necessary corrections. JUDGE Comparing Assistant