Citation : 2024 Latest Caselaw 5797 Gua
Judgement Date : 12 August, 2024
Page No.# 1/4
GAHC010221572021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2474/2021
RESMIN SULTANA AND 2 ORS.
W/O- LATE MATLIB ALI, D/O- LATE SAMIR ALI, R/O- VILL.- SIMELIBARI
KHAIRAPARA, P.S. BHAIHATA CHARIALI, DIST.- KAMRUP(R), ASSAM
2: NAZRIN SULTANA
D/O- LATE MATLEB ALI ALIAS MATLIB
D/O- LATE SAMIR ALI
R/O- VILL.- SIMELIBARI KHAIRAPARA
P.S. BHAIHATA CHARIALI
DIST.- KAMRUP(R)
ASSAM
3: MD. ZAHID ALI
S/O- LATE MATLEB ALI ALIAS MATLIB
D/O- LATE SAMIR ALI
R/O- VILL.- SIMELIBARI KHAIRAPARA
P.S. BHAIHATA CHARIALI
DIST.- KAMRUP(R)
ASSA
VERSUS
MD. JUL AHMED AND 2 ORS.
S/O- AZAD ALI, R/O- VILL.- SIMELIBARI, P.O. MANDAKATA, P.S. BHAIHATA
CHARIALI, DIST.- KAMRUP(R), ASSAM
2:MD. RUBUL ALI
S/O- LATE HATIM ALI
R/O- VILL.- KHEPKUCHI
GANAKJAR
P.O. MAHANJANPARA
P.S. BHAIHATA CHARIALI
DIST.- KAMRUP(R)
ASSAM
Page No.# 2/4
PIN- 781121.
3:M/S. ORIENTAL INSURANCE COMPANY LTD.
REGIONAL OFFICE
ULUBARI
GUWAHATI-781007
DIST.- KAMRUP(M)
ASSAM. (REP. BY ITS REGIONAL MANAGER)
Advocate for the Petitioner : MR D MONDAL,
Advocate for the Respondent : MS A HUSSAIN (r-3), S AHMED (r-3)
In
MACApp. Case No. 11637/2021 (Filing Number)
RESMIN SULTANA AND 3 ORS.
VERSUS
MD. JUL AHMED AND 2 ORS. B
------------
Advocate for : MR D MONDAL
Advocate for : appearing for MD. JUL AHMED AND 2 ORS. B
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
12.08.2024
1. Heard Mr. D. Mondal, learned counsel for the applicants. Also heard Ms. A. Hussain, learned counsel for the respondent No. 3.
2. The learned counsel for the applicants has submitted that the applicants due to inadvertence has not made the mother of the claimant as a party to this Interlocutory Application and intends to file an Interlocutory Application to bring on record the mother-in-law of the applicant No. 1 as one of the applicants and prays for some more time.
3. It appears from record that on 22.02.2023 also, a similar prayer was made by counsel for the applicants for making some corrections in the cause title which was allowed. However, no steps has been taken in pursuant to the order dated 22.02.2023.
4. The learned counsel for the respondent No. 3 has opposed the prayer of the applicants on the ground that in spite of being allowed by this Court, by order dated 22.02.2023, the applicants has failed to take steps and therefore, no indulgence should be granted to the applicants .
5. I have gone through the records of this case. Though it appears that the applicants appears to be negligent and has not complied with the directions of this Court even by order dated 22.02.2023, however, considering the fact that the applicants are the claimants and are seeking enhancement as well as modification of the judgment and award which was impugned in the connected MAC Appeal, one more chance is given to the applicants to file the required Page No.# 4/4
Interlocutory Application and bring on record the parties which the applicants desire to implead in the Interlocutory Application.
6. The applicants shall take steps within a period of one week, from the date of this order.
7. List this case be listed again after a week, on a date to be fixed by the Registry.
JUDGE
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