Allowed

On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

Gauhati HC17 Sept 2026I.A.(Civil)/1994/2026

Case brief

AI extract

What is this about?

The Hon'ble Gauhati High Court disposed of an application seeking condonation of delay in filing a petition to set aside abatement. The applicants faced a 353-day delay but claimed ignorance of the respondents' death until receiving intimation about it. The court found the delay excusable in view of the respondents' counsel not objecting to it and the applicants' lack of prior knowledge.

What did the court decide?

Application for condonation of delay and for setting aside abatement was allowed following the submission of the respondent's side.

On the Death of Sri Suresh Maloo, His Legal… — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC010045812019

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

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Case No. : CRP/44/2019

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ON THE DEATH OF SHRI SURESH MALOO HIS LEGAL HEIRS GANGA DEVI MALOO AND 3 ORS BONGAIGAON, ASSAM

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1.1: GANGA DEVI MALOO M/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.2: SHASHI MALOO W/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.3: SHRUTI SIROHIYA D/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.4: SURABHI KABRA D/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON

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ASSA

VERSUS

NAKUL CHOUDHURY AND 4 ORS. S/O- LATE BALORAM CHOUDHURY, R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR), BONGAIGAON MAIN ROAD, P.O,P.S AND DISTBONGAIGAON, ASSAM

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2:MUKUL CHOUDHURY S/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM

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3:MALAYA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 4:SABITA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 5:SATHI CHOUDHURY W/O- LATE NANI GOPAL CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSA

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Advocate for the Petitioner : MR. D MOZUMDER, MR. S BISWAS,MS. J KAKOTI

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Advocate for the Respondent : MR S S SHARMA, MRS L SHARMA,MR. B J MUKHERJEE,MR H BURAGOHAIN,FOR CAVEATOR

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Linked Case : I.A.(Civil)/1994/2026

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ON THE DEATH OF SRI SURESH MALOO HIS LEGAL HEIRS R/0 MAIN ROAD WARD NO.4 BONGAIGAON DISTRICTBONGAIGAON ASSAM

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1.1: SMT GANGA DEVI MALOO MOTHER OF LATE SURESH MALOO

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1.2: SMT SASHI MALO WIFE OF LATE SURESH MALOO

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1.3: SMT SHRUTI SIROHIYA DAUGHTER OF MALOO

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1.4: SMT SURABHI KABRA DAUGHTER OF LATE SURESH MALOO ALL ARE R/0 MAIN ROAD WARD NO.4 BONGAIGAON DISTRICTBONGAIGAON ASSAM VERSUS

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ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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1.1:SRI NILADRI CHOUDHURY D/O LATE NAKUL CHOUDHURY.

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1.2:SMT MADHUMITA DUTTA D/O LATE NAKUL CHOUDHURY.

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1.3:SMT MAUSUMI DUTTA D/O LATE NAKUL CHOUDHURY.

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2:SRI MUKUL CHOUDHURY S/OLATE BALORAM CHOUDHURY

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3:SMT MALAYA CHOUDHURY DAUGHTERS OF - LATE BALORAM CHOUDHURY

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4:SMT SABITA CHOUDHURY DAUGHTERS OF - LATE BALORAM CHOUDHURY

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5:ON THE DEATH OF SATHI CHOUDHURY HER LEGAL HEIR RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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5.1:SRI NILAY CHOUDHURY S/O- LATE SATHI CHOUDHURY.

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5.2:SRI NAYAN CHOUDHURY S/O- LATE SATHI CHOUDHURY.

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5.3:SMT SAMPA SARMA D/O- LATE SATHI CHOUDHURY.

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5.4:SMT RUPA DEY D/O- LATE SATHI CHOUDHURY

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5.5:SMT TUPAI ROY ALIAS SRABANI ROY D/O- LATE SATHI CHOUDHURY

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5.6:SMT LUCKY PAUL

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D/O- LATE SATHI CHOUDHURY ALL ARE RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR

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BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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-----------Advocate for : MR. D MOZUMDER Advocate for : MR. B J MUKHERJEE appearing for ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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18/09/2026

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The instant application under Section 5 of the Limitation Act, 1963 has been preferred by the applicants praying for condonation of delay of 343 days in filing the application for setting aside the abatement upon the death of Shri. Suresh Maloo during the pendency of the connected CRP/44/2019.

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Heard learned counsel, Ms. S. Nath, for the applicants. Also heard Mr. B.J. Mukherjee, learned counsel for the respondents.

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It is the submission of the learned counsel for the applicants that the applicants had preferred the Revision Petition being CRP NO. 44/2019 before this Court against the judgment and decree dated 07.12.2018 passed in T.A No. 14/2016 by the learned Civil Judge, Bongaigaon, Assam, which is pending disposal. It is further stated that during the pendency of the revision petition, respondent No. 1, Sri. Nakul Choudhury had expired on 09.01.2025 and respondent No. 5, Smt. Sathi Choudhury had also expired on 01.12.2025.

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The counsel for the applicants therefore submits that the applicants came to know about the demise of respondent Nos. 1 & 5 only on 08.05.2026 vide an intimation letter issued under Order XXII Rule 10A of the Civil Procedure, 1908 by the learned counsel appearing on behalf of the respondent intimating about the demise of the respondent Nos. 1 & 5.

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It is stated that prior to receipt of the intimation letter, the applicants had no knowledge or information regarding the death of respondent Nos. 1 & 5 and

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as such, could not take steps for substitution within the prescribed period of limitation.

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It is submission of the learned counsel for the applicants that immediately after coming to know about the death of respondent Nos. 1 & 5, the applicant have taken steps to bring on record the legal heirs of respondent Nos. 1 & 5 and have taken steps to file necessary application under Order XXII Rule 4 of the CPC as well as Order XXII Rule 9 of the CPC. However, in the meantime a delay of 353 days has been caused in approaching this Hon’ble Court which is not intentional.

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The learned counsel for the respondents has fairly not made any objection regarding the delay. Accordingly the delay of 353 days in filing the application for setting aside the abatement is allowed and disposed of.

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JUDGE

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Comparing Assistant

On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

Case brief

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On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

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