5: M/S Parul Jain vs Devendra Kumar Jain And 4 Ors on 5 August, 2022

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Gauhati High Court

5: M/S Parul Jain vs Devendra Kumar Jain And 4 Ors on 5 August, 2022

Bench: Malasri Nandi

                                                                   Page No.# 1/3

GAHC010146442022




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/2131/2022

         M/S GOEL TRADING COMPANY
         A REGISTERED FIRM BEING REPRESENTED BY

         1.1: NARENDER KUMAR JAIN
          S/O LATE CHATURSAN JAIN

         1.2: MANISH JAIN
          S/O RAVINDRA KUMAR JAIN

         1.3: ASHISH JAIN
          S/O RAVINDRA KUMAR JAIN

         1.4: M/S ROHINI JAIN
          D/O RAVINDRA KUMAR JAIN

         1.5: M/S PARUL JAIN
          D/O RAVINDRA KUMAR JAIN

         NO. 1.1 IS THE PARTNER OF THE FIRM AND NO 1.2 TO 1.5 ARE THE LEGAL
         HEIRS OF DECEASED PARTNER OF THE PETITIONER FIRM
         ALL ARE R/O VILL- BALIPARA
         MOUZA- BALIPARA
         P.O.-BALIPARA
         P.S.-CHARIDUAR
         DIST- SONITPUR
         ASSA

         VERSUS

         DEVENDRA KUMAR JAIN AND 4 ORS.
         S/O NOT KNOWN, 145 AIKEN ROAD, WEST PENNAT HILLS, NSW 2125,
         AUSTRALIA

         2:INDIAN OIL COPRORATION LIMITED
                                                                                    Page No.# 2/3

               INDIAN OIL BHAWAN
               SECTOR III
               NOONMATI
               GUWAHATI-781020 (ASSAM)

              3:THE CHIEF DIVISIONAL RETAIL SALES MANAGER
               GUWAHATI INTEGRATED DIVISIONAL OFFICE
               SECTOR 3
               NOONMATI
               GUWAHATI-781020

              4:THE SENIOR DIVISIONAL RETAIL SALES MANAGER
               INDIAN OIL CORPORATION LIMITED
               NOONMATI
               GUWAHATI-781020

              5:THE AREA MARKETING OFFICER
              TEZPUR RETAIL SALE-I
               IN FRONT OF TEZPUR LAW COLLEGE
              TEZPUR
               MOUZA-MAHABHAIRAB
               P.O. AND P.S.-TEZPUR
               DIST-SONITPUR
              ASSAM
               PIN-78400

Advocate for the Petitioner    : MR. S SAHU

Advocate for the Respondent : MR. ABU JAHID




                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : --05.08.2022 Heard Mr. S. Sahu, learned counsel for the petitioner. Also heard Mr. A. Jahid, learned counsel for respondent Nos. 2, 3, 4 & 5 and Mr. K. Rahman, learned counsel for respondent No. 1.

Learned counsel for the respondents raised objection that in support of the prayer for substitution no death certificate has been filed. It also appears that the petitioner has filed Page No.# 3/3 application not only under Order XXII Rule 3 for substitution of the legal heirs of the petitioner but with some other provisions also i.e. Order VI Rule 17 and Order I Rule 10. Petitioner is therefore directed to file separate petition for substitution of legal heirs.

List the matter after 4 (four) weeks.

JUDGE Comparing Assistant

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