Disposed¶8

On the Death of Mission Das v. on the Death of Subodh Kumar Roy

Gauhati HC18 Mar 2025I.A.(Civil)/2461/2024

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 of the Limitation Act; substitution/impleadment of legal heirs of deceased respondent No. 1 (Late Subodh Kumar Roy, died 27.09.2023); RSA No. 140/2017; Gauhati High Court; Justice Robin Phukan; interlocutory application I.A.(Civil)/2461/2024; corrected cause title to be filed within one week; 145 days delay; no objection by opposite party counsel (Ms R Choudhury); parties from Karimganj and Cachar districts, Assam.

What did the court decide?

Condonation of the 145-day delay in filing the substitution petition for the legal heirs of respondent No. 1 in RSA No. 140/2017, with directions to file the corrected cause title within one week. ¶8

On the Death of Mission Das Vs on the Death of Subodh Kumar Roy — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010143042024

2025:GAU-AS:3034

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

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Case No. : I.A.(Civil)/2461/2024

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ON THE DEATH OF MISSION DAS HIS LEGAL HEIRS NAMITA TAMUNG(WIDOW) AND 2 ORS

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1.1: NAMITA TUMUNG

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W/O LATE MISSION DAS

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1.2: PURUSHOTTAM DAS S/O LATE MISSION DAS

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2: SRI ASHU DAS

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S/O LATE JAYANTA KR. DAS

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3: SMRITIKONA DAS W/O SWAPAN CHOUDHURY

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4: SRI JISHU DAS

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S/O LATE JAYANTA KR. DAS ALL RESIDENTS OF VILLAGE KAMRANGI P.O. MARJATKANDI P.S. BADARPUR DISTRICT KARIMGANJ

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VERSUS

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ON THE DEATH OF SUBODH KUMAR ROY HIS LEGAL HEIRS ALPANA ROY and ORS,

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1.1:SMT ALPANA ROY

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W/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW

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Page No.# 2/4

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P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ

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1.2:SAMRAT ROY

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S/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ

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1.3:SAIKAT ROY

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S/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ

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2:SRI SUBHRENDU DEB CHOUDHURY

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S/O LATE BHUPESH CH. DEB CHOUDHURY

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3:SMTI MINA DEB CHOUDHURY

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W/O LATE DEBYENDU DEB CHOUDHURY

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4:SOURAV DEB CHOUDHURY

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S/O LATE DEBYENDU DEB CHOUDHURY

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5:SMTI SUSMITA DEB CHOUDHURY D/O LATE DEBYENDU DEB CHOUDHURY

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6:SRI PURNENDU DEB CHOUDHURY

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S/O LATE BHUPEN CH. DEB CHOUDHURY SL. NO. 5 TO 9 ARE VILLAGE WEST GUMURAH RAJESWARPUR PART-II P.S. KATIGORAH DIST. CACHAR.

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Page No.# 3/4

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7:SMTI SUJATA RANI DAS

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W/O SRI KAMALA KANTA DAS D/O LATE SATYENDRA KR. ROY R/O VILLAGE SIDHESWAR P.O. KATOGORAH DISTRICT CACHAR.

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8:SRI SIDHERTHA SANKAR ROY

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S/O LATE SATYENDRA KR. ROY.

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9:SRI SANDIP ROY

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S/O LATE SATYENDRA KR. ROY.

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10:SRI SUDIP ROY

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S/O LATE SATYENDRA KR. ROY.

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11:SRI SUDHENDU ROY

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S/O LATE SATYENDRA KR. ROY.

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12:SMTI SANJUKTA ROY

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W/O LATE SATYENDRA KR. ROY. ALL ARE RESIDENT OF VILLAGE AND P.O. MARJATKANDI

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P.S. BADARPUR DISTRICT KARIMGANJ ASSAM

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Advocate for the Petitioner : MR. S P CHOUDHURY, MS B DEVI

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Advocate for the Respondent : MS. R CHOUDHURY (R- 1.1,1.2,1.3), MS F N ZAMAN (R1.1,1.2,1.3)

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BEFORE

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HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER

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19.03.2025

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Heard Mr S P Choudhury, learned counsel for the applicant and Ms R Choudhury, learned counsel for the respondent/opposite party.

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Page No.# 4/4

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This application under Section 5 of the Limitation Act, is preferred by the applicants for condonation of delay of 145 days in substituting the legal heirs of respondent No. 1, who suffered demise on 27^th of September, 2023.

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The learned counsel for the applicants submits that the respondent No. 1 suffered demise on 27.09.2023 and as such, the legal heirs of the respondent No. 1 are required to be impleaded in RSA No. 140/2017.

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Ms Choudhury, learned counsel for the respondent/opposite party submits that she has no objection in the event of allowing this application.

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Having heard the submissions of learned Advocates for both the parties, I have carefully gone through the application and the documents placed on record and taking note of the submissions of learned counsel for both the parties, this Court is inclined to allow this application.

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The delay of 145 days in filing the substitution petition for substitution of legal heirs of the respondent No. 1, stands condoned.

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In view of above, learned counsel for the applicant shall file corrected cause title of RSA No. 140/2017, within one week from today.

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In terms of above, this interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Mission Das v. on the Death of Subodh Kumar Roy

Case brief

What is this about?

What did the court decide?

On the Death of Mission Das v. on the Death of Subodh Kumar Roy

Case brief

What is this about?

What did the court decide?

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What the court decided

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On the Death of Mission Das Vs on the Death of Subodh Kumar Roy

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