National Insurance Co Ltd v. Smt. Mawrachi Basumatari and Ors

ORDER Date : 12.08.2024 Heard Mr. R. K. Bhatra, learned counsel for the applicant. Heard Ms. A Barman, learned counsel appearing for the respondent No. 1. This application under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure, 1998 has been filed by the applicant/appellant Insurance Company for setting aside abatement against Respondent No.2, namely, Sri Lambudhar Hazarika on his death. Mr. R. K. Bhatra, learned counsel for the applicant has submitted that though, there was a delay in filing the instant application, however, by Order dated 17.03.2023, passed in I.A.(Civil) No. 638/2022, the delay in referring the instant abatement, setting aside of abatement application was condoned. Mr. R. K. Bhatra, learned counsel for the applicant has also submitted that this Court, by Order dated 17.03.2023 passed in I.A.(Civil) No. 639/2023, has also allowed the application for substitution of the legal heirs of late Lambudhar Hazarika, i.e., Respondent No.2, in his place. Learned counsel for the applicant has also submitted that due to inadvertence, no order was passed in the instant Interlocutory Application, whereas he submits that the abatement of appeal against respondent No. 2 ought to have been set aside prior to allowing the substitution application. Page No.# 3/3 Learned counsel for the appellant raises no objection for setting aside the abatement against late Lambudhar Hazarika. I have considered the submissions made by learned counsel for the applicant, as well as learned counsel for Respondent No. 1, as well as grounds mentioned in the petition under Order 22 Rule 4 of the Code of Civil Procedure, 1998 filed by the applicant. Considering the grounds mentioned in the application, as well as considering the submissions made by learned counsel for the applicant, the abatement of the appeal against respondent No.2, namely, late Lambudhar Hazarika, on his death, is hereby set aside, and this Interlocutory Application is accordingly, allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010006712014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/640/2023o NATIONALoINSURANCEoCOoLTD HAVINGoITSoREGISTEREDoOFFICEoAToMIDDLETONoSTREET oKOLKATAoANDoONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIo REGIONALoOFFICE oG.oS.oROAD oBHANGAGARH oGUWAHATI-5 oVERSUS SMT.oMAWRACHIoBASUMATARIoANDoORS W/OoLT.oSUBHADRAoBASUMATARI oR/OoKACHUTOLIGAON oP.S.oGOGAMUKH oDIST.oDHEMAJI oASSAM. 2:ONoTHEoDEATHoOFoLAMBUDHARoHAZARIKA HISoLEGALoHEIRoANDoREPRESENTATIVEoWITHoHISoPLACEoOFoDWELLING o2.1:PANKAJoHAZARIKA S/OoLATEoLAMBUDHARoHAZARIKA oR/OoBISHNUNAGAR oBORAGADHOI oP.O.oANDoP.S.-DULIAJAN oDIST-DIBRUGARHo(ASSAM) o3:NICHOLASHoHEMRAN S/OoSRIoPHILIPSoHEMRAN oR/OoBOGOLIJAN oHARMATI oP.S.oLALUE Page No.# 2/3 ASSAM. ------------ Advocate for : MR. R K BHATRA Advocate for : MR. K BHATTACHARJEE appearing for SMT. MAWRACHI BASUMATARI AND ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA