This application seeks condonation of delay for filing an application to substitute the legal heirs of a deceased respondent. The respondent raised no objection, and the court allowed the application.
Delay of 27 days in filing application for substitution of legal heirs was condoned and the petition allowed.
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GAHC010044752018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 834/2018
1:SULTAN ALI
S/O- LT HAJI YUNUS ALI, R/O- HEM BARUAH ROAD, FANCY BAZAR, P.S. PANBAZAR, GHY-1, DIST- KAMRUP(M), ASSAM
VERSUS
1:ANOWARA BEGUM
D/O- LT HAJI YUNUS ALI, W/O- ABU NASAR, R/O- 30/2, BANIPARA LANE, KOLKATA-7000014, PRESENT ADDRESS- C/O- ENAMAT ALI CHOUDHURY, TAJI COMMERCIAL COMPLEX, SATI JAYMATI ROAD, ATHGAON, GHY-8, DIST- KAMRUP (M), ASSAM
2:ON THE DEATH OF ABDUL MANSUR AHMED HIS LEGAL AND SUCCESSORS ABDUL MUSTAK AHMED S/O- ABDUL MANSUR AHMED R/O- HEM BARUAH ROAD FANCY BAZAR P.S. PANBAZAR GHY-1 DIST- KAMRUP(M) ASSAM PRESENT ADDRESS- VILL AND P.O. DHULIAN P.S. SAMSHERGANJ PIN-742202 DIST- MURSHIDABAD WEST BENGAL
3:ABUL KHAYAR AHMED S/O- ABDUL MANSUR AHMED R/O- HEM BARUAH ROAD FANCY BAZAR P.S. PANBAZAR
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GHY-1 DIST- KAMRUP(M) ASSAM PRESENT ADDRESS- VILL AND P.O. DHULIAN P.S. SAMSHERGANJ PIN-742202 DIST- MURSHIDABAD WEST BENGA
Advocate for the Petitioner : MR. R K BHUYAN
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 09-04-2018
By this application under Section 5 of the Limitation Act, the petitioner has prayed for condoning the delay of 27 days in filing the application for substitution of the legal heirs of respondent No. 2, who died during pendency of the matter.
Learned counsel for the respondent has not raised any objection and conceded the prayer. Accordingly, the petition is allowed. The delay stands condoned.
I.A. is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay in filing an application for substitution should be condoned.
Whether the petitioner's application for condonation of delay is maintainable.
1 provisions across 1 enactments
Sultan Ali
Anowara Begum
Abdul Mustak Ahmed
Abul Khayar Ahmed
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
