Safiqur Rahman Mazarbhuiya Vs MD Faras Uddin and Ors.

11:THE SECRETARY TO THE GOVT. OF UNION MINISTRY/UNION OF INDIA OF SHIPPING ROAD TRANSPORT AND HIGHWAYS NEW DELHI 110001 -----------Advocate for : MS.SHOMA DASGUPTA Advocate for : DY.S.G.I. appearing for MD FARAS UDDIN AND ORS

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In

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RSA/86/2024

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SAFIQUR RAHMAN MAZARBHUIYA S/O LATE MANIR ALI MAZARBHUIYA, RESIDENT OF VILLAGE RANGPUR PART II, PO SHAHABAD, 788163, PS KATLICHERRA, DIST HAILAKANDI, ASSAM

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VERSUS

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FARAS UDDIN AND 10 ORS S/O LATE MATOSIN ALI, RESIDENT OF RANGPUR, PART III, PO SHAHABAD, PS KATLICHERRA, DIST HAILAKANDI, ASSAM 788163

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2:MD. RAFIQUE UDDIN S/O LATE MATOSIN ALI

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RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163

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3:MUSST. TAYARUN NESSA D/O LATE MATOSIN ALI

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RESIDENT OF RANGPUR PART III

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Page No.# 4/5

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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08.12.2025

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1. Heard Ms. S. Dasgupta, the learned counsel for the appellant/applicant. Also heard Ms. D.D. Barman, the learned counsel for the respondent Nos. 7,8 and 9 as well as Mr. R. Borpujari, the learned counsel appearing for the respondent No. 10 and Mr. R.K. Deb Choudhury, the learned Dy. S.G.I. appearing for the respondent No. 11.

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2. This interlocutory application has been made by the applicant/appellant in connection with RSA Case No. 86/2024 praying for allowing the applicant to withdraw the I.A. (Civil) No. 820/2025, which was filed by the applicant for condoning the delay under Section 5 of the Limitation Act, 1963 for making the prayer for setting aside of the abatement of the appeal against respondent No. 5 on his death.

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3. The applicant has also made prayer for withdrawing the I.A. (Civil) No. 819/2025, whereby the prayer for setting aside of abatement was made under Order Rule 22 Rule 9 of the Code of Civil Procedure, 1908 by the applicant.

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4. The applicant has further prayed for allowing him to withdraw the I.A.(Civil) No. 3583/2024, whereby prayer under Order Rule 22 Rule 2 and 4 of the Code of Civil Procedure, 1908 was made for allowing the substitution of the legal heirs of the respondent No. 5 on his death.

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5. The learned counsel for the appellant/applicant has submitted

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Page No.# 5/5

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that since it has come to the notice of the applicant/appellant that before the trial court, though the respondent No. 5 as defendant No. 1 had appeared and filed a Vakalatnama, however, no written statement was filed by the said defendant, neither any evidence was adduced in defence and there is nothing to indicate that he had contested the suit in any manner and therefore, she submits that the provision under Section under Order Rule 22 Rule 4(4) of the Code of Civil Procedure, 1908 allows the applicant to be exempted from the requirement of substituting the legal representatives of any such respondent on death of such respondent.

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6. After considering the submissions made by the learned counsel for the applicant, this court finds force in the said submissions and accordingly, allow the prayer for withdrawing the I.A.(Civil) No. 820/2025, I.A.(Civil) No. 819/2025 and I.A.(Civil) No. 3583/2024.

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7. This Interlocutory Application (Civil) is accordingly disposed of.

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JUDGE

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Comparing Assistant

Safiqur Rahman Mazarbhuiya v. MD Faras Uddin and Ors.

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Safiqur Rahman Mazarbhuiya v. MD Faras Uddin and Ors.

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