Gauhati High Court
Brahmaputra Annunnata Krishipam ... vs On The Death Of Prasanna Rajbongshi on 6 June, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/8
GAHC010256862014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/1191/2014
BRAHMAPUTRA ANNUNNATA KRISHIPAM SAMABAI SAMITTEE
VERSUS
ON THE DEATH OF PRASANNA RAJBONGSHI , HIS LEGAL HEIRS - SMTI
RASHMI RAJBONGSHI and ORS.
Advocate for the Petitioner : MR.A K GUPTA
Advocate for the Respondent : MR.B BANERJEE
Linked Case : I.A.(Civil)/2387/2021
BRAHMAPUTRA ANNUNNATA KRISHIPAM SAMABAI SAMITTEE
A SOCIETY HAVING ITS PRINCIPAL OFFICE AT RAJADUAR
NORTH GUWAHATI
P.O.- NORTH GUWAHATI
IN THE DIST. OF KAMRUP
ASSAM
REP. BY ITS SECY.
VIZ. SRI DIGAMBAR MUDOI
R/O MAZGAON
NORTH GUWAHATI
P.O. AND P.S.-NORTH GUWAHATI
Page No.# 2/8
DIST- KAMRUP
ASSAM
VERSUS
ON THE DEATH OF PRASANNA RAJBONGSHI HIS LEGAL HEIRS AND ORS.
REPRESENTING
1.1:SMTI. RASHMI RAJBONGSHI
W/O LATE PRASANNA RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA-SIPAJHAR
DIST-DARRANG
ASSAM
PIN-784145
1.2:KHARGESWAR RAJBONGSHI
S/O LATE PRASANNA RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA-SIPAJHAR
DIST-DARRANG
ASSAM
PIN-784145
1.3:NRIPEN RAJBONGSHI
S/O LATE PRASANNA RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA-SIPAJHAR
DIST-DARRANG
ASSAM
PIN-784145
1.4:MADAN RAJBONGSHI
S/O LATE PRASANNA RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA-SIPAJHAR
DIST-DARRANG
ASSAM
PIN-784145
2:ON THE DEATH OF LANKESWAR RAJBONGSHI
HIS LEGAL HEIRS
2.1:SMTI RUKMONI RAJBONGSHI
W/O LATE LANKESWAR RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA- SIPAJHAR
DIST- DARRANG
ASSAM
PIN-784145
2.2:DIPAK RAJBONGSHI
S/O LATE LANKESWAR RAJBONGSHI
Page No.# 3/8
R/O VILL-KHALIHAI
MOUZA- SIPAJHAR
DIST- DARRANG
ASSAM
PIN-784145
2.3:JITEN RAJBONGSHI
S/O LATE LANKESWAR RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA- SIPAJHAR
DIST- DARRANG
ASSAM
PIN-784145
2.4:PABAN RAJBONGSHI
S/O LATE LANKESWAR RAJBONGSHI
R/O VILL-KHALIHAI
MOUZA- SIPAJHAR
DIST- DARRANG
ASSAM
PIN-784145
------------
Advocate for : MR.P J SAIKIA
Advocate for : appearing for ON THE DEATH OF PRASANNA RAJBONGSHI HIS
LEGAL HEIRS AND ORS.
Linked Case : MC/1190/2014
BRAHMAPUTRA ANNUNNATA KRISHIPAM SAMABAI SAMITTEE
VERSUS
ON THE DEATH OF PRASANNA RAJBONGSHI HIS LEGAL HEIRS - SMTI
RASHMI RAJBONGSHI and ORS.
------------
Advocate for : MR.P J SAIKIA
Advocate for : MR.P K BARMAN appearing for ON THE DEATH OF PRASANNA
RAJBONGSHI HIS LEGAL HEIRS - SMTI RASHMI RAJBONGSHI and ORS.
Linked Case : CRP/355/2013
Page No.# 4/8
BRAHMAPUTRA ANNUNNATA KRISHIPAM SAMABAI SAMITTEE
A SOCIETY HAVING ITS PRINCIPAL OFFICE AT RAJADUAR
NORTH GUWAHATI
P.O.- NORTH GUWAHATI
IN THE DIST. OF KAMRUP
ASSAM
REP. BY ITS SECY.
VIZ. SRI CHAKRESWAR DAS
S/O- LT. PANCHANAN DAS
A R/O- RAJADUAR
NORTH GUWAHATI
IN THE DIST. OF KAMRUP
ASSAM.
VERSUS
MANGALDOI SAMABAI SAMITTEE @ KHALIHOI KRISAK SAMABAI
SAMITTEE and 10 ORS
HAVING ITS OFFICE AT KHALIHAI VILLAGE UNDER SIPAJHAR MOUZA IN
THE DIST. OF DARRANG
ASSAM
REP. Y ITS SECY. VIZ. SRI GOBINDA RAJBONGSHI
S/O- LT. HARMOHAN RAJBONGSHI
A R/O VILL.- KHALIHAI UNDER MOUZA- SIPAJHAR
IN THE DIST. OF DARRANG
ASSAM.
2:GOBINDA RAJBONGSHI
S/O- LT. HARMOHAN RAJBONGSHI.
3:PRASANNA RAJBONGSHI
S/O- LT. HARMOHAN RAJBONGSHI.
4:LANKESHWAR RAJBONGSHI
S/O- LT. SOTORA RAJBONGSHI.
5:KAILASH RAJBONGSHI
S/O- LT. GANESH RAJBONGSHI.
6:HARICHARAN RAJBONGSHI
S/O- LT. LALIT RAJBONGSHI.
7:KABICHARAN RAJBONGSHI
S/O- LT. LALIT RAJBONGSHI.
8:SAMBHU RAM RAJBONGSHI
S/O- LT. C.R. RAJBONGSHI.
9:RAMESWAR RAJBONGSHI
S/O- LT. MANIK RAJBONGSHI.
10:PRAFULLA RAJBONGSHI
S/O- LT. MUKTA RAJBONGSHI.
11:UPEN RAJBONGSHI
S/O- LT. JALTI RAJBONGHSI
Page No.# 5/8
OPP. PARTY NO. 2 TO 11 ARE R/O VILL.- KHALIHAI
UNDER MOUZA- SIPAJHAR
IN THE DIST. OF DARRANG
ASSAM.
------------
Advocate for : MR.P J SAIKIA
Advocate for : MR.B BANERJEE appearing for MANGALDOI SAMABAI
SAMITTEE @ KHALIHOI KRISAK SAMABAI SAMITTEE and 10 ORS
Linked Case : MC/1192/2014
BRAHMAPUTRA ANNUNNATA KRISHIPAM SAMABAI SAMITTEE
VERSUS
ON THE DEATH OF PRASANNA RAJBONGSHI HIS LEGAL HEIRS - SMTI
RASHMI RAJBONGSHI and ORS.
------------
Advocate for : MR.P J SAIKIA
Advocate for : MR.B BANERJEE appearing for ON THE DEATH OF PRASANNA
RAJBONGSHI HIS LEGAL HEIRS - SMTI RASHMI RAJBONGSHI and ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
06.06.2024
Heard Shri A.K. Gupta, learned counsel for the applicants in these Misc
Cases and I.A. whereas Ms. D. Das Barman has appeared for the respondents.
By this common order, all the aforesaid Misc cases and I.A. are being disposed
of. However, it would be convenient if the background of these cases are put in
brief.
Page No.# 6/8
The applicants are the defendants in Title Suit No. 08/1995 which was
decreed ex-parte on 08.07.1996. Accordingly, an application under Order 9 Rule
13 of the CPC was filed for vacating ex-parte judgment and decree and the said
petition was however dismissed on 04.05.2009. The applicants had accordingly
preferred Misc. Appeal No. 8/2009 against the order dated 04.05.2009. Though
during the pendency of the said appeal, the respondent nos. 3 & 4 in the
connected CRP No. 355/2013 had passed away, the counsel conducting the
appeal was not aware and accordingly, no steps for substitution could be taken.
The Misc Appeal No. 08/2009 was however dismissed on 16.03.2013. The
present CRP 355 of 2013 has been filed assailing the aforesaid order.
During the pendency of the CRP, the fact of the death of the respondent
nos. 3 & 4 came to be known and initially the M.C. No. 1190/2014 was filed for
substitution of the aforesaid two respondents. Since, the matter was abated,
M.C. No. 1192/2014 was filed for setting aside abatement and Misc Case No.
1191/2014 was filed for condonation of delay.
After filing of those applications, it came to light that the aforesaid
respondent nos. 3 & 4 had died even during the pendency of Misc Appeal No.
08/2009 and prior to the institution of the present CRP. Accordingly, I.A. No.
2387 of 2021 has been filed under Order 1 Rule 10 of the CPC for addition of
parties.
Shri Gupta, the learned counsel has submitted that the presence of the
legal heirs of the respondent nos. 3 & 4 would be necessary for a fair
adjudication. He also clarifies that the connected Misc Cases have become
infructous and no orders are required to pass in those and only I.A. No. 2387 of
2021 is required to be considered which is for addition of parties.
Page No.# 7/8
Ms. D. Das. Barman, learned counsel for the respondents has fairly
submitted that though the earlier approach of the applicants in filing application
for substitution was not correct as such substitution was not maintainable, she
would not have serious objection to the I.A. for adding of the legal heirs of the
respondent nos. 3 & 4 in the connected CRP.
After considering the rival submissions, this Court is of the considered
opinion that the legal heirs of respondent nos. 3 & 4 who are sought to be
impleaded are necessary parties and their presence would be necessary for a
fair adjudication. Accordingly, the I.A. (C)/2387/2021 stands allowed and in
place of Prasanna Rajbongshi (respondent no. 3), his legal heirs who have been
named in the cause title namely,
(i) Smti. Rashmi Rajbongshi,
(ii) Sri Khargeswar Rajbongshi,
(iii) Sri Nripen Rajbongshi and
(iv) Sri Madan Rajbongshi
(All are residents of village-Khalihai under Mouza - Sipajhar in the district of
Darrang, Assam. Pin - 784145) should be arrayed as respondent nos. 3(a), 3(b),
3(c) and 3(d) and for Shri Lankeswar Rajbongshi (respondent no. 4), the
following namely,
(i) Smti. Rukmoni Rajbongshi,
(ii) Sri Dipak Rajbongshi,
(iii) Sri Jiten Rajbongshi and
(iv) Sri Paban Rajbongshi
(All are residents of village-Khalihai under Mouza - Sipajhar in the district of
Page No.# 8/8
Darrang, Assam. Pin - 784145) be added as respondent nos. 4(a), 4(b), 4 (c)
and 4(d) in the CRP.
The learned counsel for the applicants is required to file amended cause
title in the connected CRP.
All the aforesaid Misc cases and I.A.s accordingly stands disposed of.
JUDGE
Comparing Assistant
