The Gauhati High Court disposed of an application seeking condonation of a 230-day delay in filing a petition to set aside abatement. The delay arose from the death of respondent No. 3 in 2014. The respondent had no objection to condoning the delay.
Condonation of 230 days delay in filing petition for setting aside abatement.
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GAHC010224922016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A. 153/2016
1:MD. SAYADUR RAHMAN and 2 ORS,
VERSUS
1:RIKHESWAR GOGOI and ORS,
Advocate for the Petitioner : MR.K U AHMED
Advocate for the Respondent :
Linked Case : I.A. 151/2016
1:MD. SAYADUR RAHMAN and 2 ORS
VERSUS
Advocate for the Petitioner : MR.Z H AHMED Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
10.05.2019
Heard Mr. M. Hussain, the learned counsel for the petitioners. Also heard Mr. D. Gogoi, the learned counsel for the respondent Nos.1 and 2.
This is an application for condonation of 230 days in setting aside the abatement on the death of the respondent No.3 who died on 20.12.2014. The information of death of the said respondent No.3 was received on 15.12.2015 and as such, the delay in filing the petition for setting aside the abatement occurred.
Mr. Gogoi fairly submits that he has no objection if the delay is condoned.
Considering the same, the delay in filing the petition for setting aside the abatement is condoned.
This petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay in filing a petition for condonation of delay in setting aside abatement caused by the death of a party should be condoned?
Md. Sayadur Rahman and 2 ORS
Rikheswar Gogoi and ORS
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
