Disposed

Ulashi Das and 3 Ors. v. on the Death of Late Hemendra Nath Deka

Gauhati HC15 Aug 2024I.A.(Civil)/2021/2024

Case brief

AI extract

What is this about?

Applicants sought condonation of a 32-day delay in filing a petition to substitute legal heirs of deceased respondent Hemendra Nath Deka in a connected RSA. Respondents raised no objection; the court found sufficient explanation and condoned the delay.

What did the court decide?

32-day delay in preferring the substitution petition condoned; interlocutory application disposed of.

Ulashi Das and 3 Ors. Vs on the Death of Late… — Civil Procedure and Limitation | Gauhati HC (2024)

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GAHC010288012023

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

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Case No. : I.A.(Civil)/2021/2024

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ULASHI DAS AND 3 ORS. W/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003

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2: SRI MANOJ KUMAR DAS S/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003

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3: SRI ANOJ DAS. S/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003

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4: SMTI INDIRA DAS D/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003 VERSUS

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Page No.# 2/4

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ON THE DEATH OF LATE HEMENDRA NATH DEKA HIS LEGAL HEIRS

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1.1:NEPOLIN DEKA S/O LATE HEMENDRA NATH DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003

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1.2:MARVELIN DEKA S/O LATE HEMENDRA NATH DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003 2:SRI RAJEN DEKA S/O LATE NAGEN DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003

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3:ON THE DEATH OF RESPONDENT NO 3. KARUNA DEKA HIS LEGAL HEIRS SMTI JYOTSNA TALUKDAR WO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI PS KHETRI DISTRICT KAMRUP ASSAM PIN 782403 4:SMTI KIRITI DEKA SINGHA DO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI PS KHETRI DISTRICT KAMRUP ASSAM

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PIN 782403

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5:SRI MANIB RATNAM DEKA SO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI PS KHETRI DISTRICT KAMRUP ASSAM PIN 782403 -----------Advocate for : MR. T DEURI Advocate for : MR. A SATTAR appearing for ON THE DEATH OF LATE HEMENDRA NATH DEKA

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BEFORE

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HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 16.08.2024

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Heard Mr. T. Deuri, learned counsel for the applicants. Also heard Mr. G. Imtiaz, learned counsel for the respondent Nos. 3(i) to 3(iii).

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This application under Section 5 of the Limitation Act, 1963 has been filed for condoning the delay of 32 days in preferring the substitution petition for substituting the legal heirs of Hemendra Nath Deka, who had expired on 17.11.2023.

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The learned counsel for the applicants has submitted that by order dated 16.08.2024 i.e., today in I.A.(C) No. 2020/2024, the abatement of the connected RSA in respect of the late Hemendra Nath Deka has been substituted. The learned counsel for the applicants has submitted that the petitioner was prevented from approaching this Court within the period of limitation for substituting the legal heirs of opposite party for reasons mentioned in paragraph Nos. 6 and 7 of the condonation of delay application.

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The learned counsel for the respondent Nos. 3(i) to 3(iii) does not have any objection for condoning the delay.

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In view of the submissions made by the learned counsel for the parties as well as reasons shown in paragraph Nos. 6 and 7 of the condonation of delay application, this Court is of considered opinion that the applicants has sufficiently explained the reason for committing the delay in filing the substitution petition for substitution of legal heirs Hemendra Nath Deka, hence, the delay of 32 days in preferring the substitution petition is hereby condoned and this interlocutory application is hereby disposed of.

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JUDGE

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Comparing Assistant

Ulashi Das and 3 Ors. v. on the Death of Late Hemendra Nath Deka

Case brief

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Ulashi Das and 3 Ors. v. on the Death of Late Hemendra Nath Deka

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