On the Death of Abdul Hakim His Legal Heirs MD Shafik Ahmed Alias Ors. Vs on the Death of Kurshad Ali Laskar His Legal Heirs MD Abdul Latif Laskar Alias Ors.

15: MD. JAYNUL HAQUE MAZARBHUIYA S/O LATE ANFOR ALI MAZARBHUIYA APPELLANT NOS. 1 TO 15 ARE R/O VILL NIJ VERNERPUR PT I P.O. VERNERPUR P.S. LALA DIST HAILAKANDI ASSAM VERSUS

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ON THE DEATH OF KURSHAD ALI LASKAR HIS LEGAL HEIRS MD ABDUL

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LATIF LASKAR ALIAS ORS S/O LATE KHURSED ALI LASKAR

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2:MD. ABDUL WAHAB LASKAR S/O LATE KHURSED ALI LASKAR

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3:MD. ABDUL MALIK LASKAR S/O LATE KHURSED ALI LASKAR PRINCIPAL RESPONDENT NOS. 1 TO 3 ARE R/O VILL NIJ VERNERPUR P.O. VERNERPUR P.S. LALA DIST HAILAKANDI ASSAM 4:MUSSTT. RAHANA BIBI W/O MD. MUSSA MIA R/O VILL AND P.O. GHARMOORAH P.S. KATLICHERRA DIST HAILAKANDI ASSAM 5:MUSSTT. FARHANA BIBI W/O MD. HAFIZ KHALIL AHMED VILL MOHAMMEDPUR PART-II P.O. RONGPUR SOUTH P.S. LALA DIST HAILAKANDI ASSAM 6:MUSSTT. NEPURJAN BIBI W/O LATE ABDUL RASID 7:MUSSTT. SIRAJUN NESSA W/O LATE AJMAT ALI 8:MD. IMRUL HUSSAIN LASKAR S/O LATE AJMAT ALI

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9:MD. SAJID HUSSAIN LASKAR S/O LATE AJMAT ALI 10:MUSSTT. SALINA AKTAR LASKAR D/O LATE AJMAT ALI 11:MUSSTT. SAMIMA AKTAR LASKAR D/O LATE AZMOT ALI

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12:FOIZUL HAQUE MAZARBHUIYA S/O LATE ANFOR ALI MAZARBHUIYA

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PROF. OPP. PARTY NOS. 6 TO 12 ARE R/O VILL NIJ VERNERPUR PT-I P.O. VERNERPUR P.S. LALA DIST. HAILAKANDI ASSAM 13:MD. SALIM UDDIN LASKAR S/O MD. SIRAJ UDDIN LASKAR

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14:MD. SIRAJ UDDIN LASKAR S/O LATE ANJOD ALI LASKAR PROF OPP. PARTY NOS. 13 AND 14 ARE R/O VILL MOHAMEDPUR PT-I P.S. LALA P.O. PONGPUR SOUTH DIST. HAILAKANDI ASSAM

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15:MST. TAIMUN NESSA W/O MD. BASIR AHMED CHOUDHURY R/O VILL KACHARI THAL P.S. LALA P.O. VERNERPUR DIST HAILAKANDI ASSAM -----------Advocate for : MS. B. HAZARIKA Advocate for : MR. N H BARBHUIYA appearing for ON THE DEATH OF KURSHAD ALI LASKAR HIS LEGAL HEIRS MD ABDUL LATIF LASKAR ALIAS ORS

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 08.05.2026

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Heard Ms. B. Hazarika, learned counsel for the applicant. Also heard Mr. N. H. Barbhuiya, learned counsel for the respondents.

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2. By way of this interlocutory application under Section 5 of the Limitation Act, 1963, the applicant is seeking condoning delay of 1895 days in filing the connected substitution application for substituting the deceased/appellant No. 8

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by his legal heirs in RSA No. 56/2016.

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3. It appears that during the pendency of the regular first appeal, the appellant No. 8 died on 22.06.2020, leaving behind his legal heirs, who, the right to sue having been survived, were required to be substituted within 90 days, i.e., on or before 20.09.2020, but the same having not been able to be done in time, the appeal stood abated in respect of the deceased/appellant No. 8 by operation of law after the expiry of 90 days, i.e., after 20.09.2020. Accordingly, the instant interlocutory application for condoning the delay of 1895 days in filing the appropriate application for substituting the deceased/appellant No. 8 by his legal heirs and setting aside abetment is filed.

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4. Upon hearing the learned counsel for both the parties and having perused the material available on record, it appears that the grounds for delay read as under: -

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“ 4. That the applicants beg to state that there are no negligence and/or latches on the part of the applicant in filing the petitions in time but the delay so occurred is due to communication with the engaged counsel. But the applicant when visited the chamber of his engaged counsel on 18.12.2025 to enquire about the status of the appeal, then only during conversation the applicant informed his counsel that the appellant No.8 also died and his name is required to be removed from the case. The engaged counsel informed him about the procedure of substitution of appellant also. The applicant immediately returned to his native place and tried to collect the name and address of the legal heirs of deceased appellant No.8. Thereafter, somehow, he managed to collect the signatures, name and address of the legal heirs of the appellant No.8 within a month. Thereafter the applicant immediately came to Guwahati on 18.01.2026 to fulfil the procedures and thereafter their engaged counsel took some time in preparation of the applications. Therefore, in the interest of justice, this Hon'ble Court may be pleased to allow the substitution after setting aside the abatement and condoning the delay so occurred, in respect of the deceased appellant, otherwise the applicants will suffer irreparable loss and injury.”

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5. The aforesaid grounds appears to be sufficient and bonafide.

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6. Accordingly, the delay of 1895 days in filing the substitution petition for substitution of the legal heirs of the deceased/appellant No. 8 is hereby condoned.

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7. With the above observation, the instant interlocutory application, stands allowed and disposed of.

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JUDGE

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Comparing Assistant

On the Death of Abdul Hakim His Legal Heirs MD Shafik Ahmed Alias Ors. v. on the Death of Kurshad Ali Laskar His Legal Heirs MD Abdul Latif Laskar Alias Ors.

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On the Death of Abdul Hakim His Legal Heirs MD Shafik Ahmed Alias Ors. v. on the Death of Kurshad Ali Laskar His Legal Heirs MD Abdul Latif Laskar Alias Ors.

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