Allowed¶28

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 0RS v. Shri Biprajit Chakraborty

Gauhati HC6 Jan 2026I.A.(Civil)/3790/2025

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Civil)/3790/2025; neutral citation 2026:GAU-AS:189; Robin Phukan, J.; order dated 07.01.2026; condonation of delay; 279 days; Section 5 of the Limitation Act; setting aside abatement; substitution petition; substitution of legal heirs; death of appellant Pradip Chakraborty on 20.10.2024; RFA/123/2019 (linked case); applicants Arati Chakraborty, Puja Chakraborty, Priya Chakraborty; opposite party Biprajit Chakraborty raised no objection; Silchar, District Cachar, Assam; application allowed and disposed of.

What did the court decide?

Condonation of the 279-day delay in preferring the substitution petition and setting aside abatement in RFA No. 123/2019; the interlocutory application stands disposed of. ¶28

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 0RS Vs Shri Biprajit Chakraborty — Gauhati HC (2026) — LawSathi Research

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GAHC010238402025

2026:GAU-AS:189

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

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Case No. : I.A.(Civil)/3790/2025

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ON THE DEATH OF PRADIP CHAKRABORTY HIS LEGAL HEIRS ARATI CHAKRABORTY AND 2 0RS WIFE OF LATE PRADIP CHAKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM

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2: MISS PUJA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM 3: MISS PRIYA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM VERSUS

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SHRI BIPRAJIT CHAKRABORTY SON OF LATE BIDHU BHUSAN CHAKRABORTY RESIDENT OF GUNOMOYEE ROAD TARAPURSILCHAR TOWN PS- SILCHAR DISTRICT- CACHAR ASSAM

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-----------Advocate for : MR. P K ROYCHOUDHURY Advocate for : MR. S K GHOSH appearing for SHRI BIPRAJIT CHAKRABORTY

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Linked Case : RFA/123/2019

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SHRI PRADIP CHAKRABORTY S/O- LATE JADAV CHAKRABORTY PRINCE ROAD SONAI ROAD P.S. SILCHAR DIST.- CACHAR ASSAM.

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VERSUS

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SHRI BIPRAJIT CHAKRABORTY S/O- LATE BIDHU BHUSAN CHAKRABORTY GUNOMOYEE ROAD TARAPUR SILCHAR TOWN P.S. SILCHAR DIST.- CACHAR ASSAM PIN- 788001.

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-----------Advocate for : MR. P K ROY Advocate for : MR. S K GHOSH appearing for SHRI BIPRAJIT CHAKRABORTY

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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07.01.2026

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Heard Mr. R. Chakraborty, learned counsel for the applicants and Mr. S. K. Ghosh, learned counsel for the opposite party.

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2. This interlocutory application, under Section 5 of the Limitation Act, is

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preferred by the applicants for condonation of delay of 279 days, in preferring the application for setting aside abatement.

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3. Mr. Chakraborty, learned counsel for the applicants submits that Mr. Pradip Chakraborty, the appellant in RFA No. 123/2019, had suffered demise on 20.10.2024, leaving behind three legal heirs, namely, Ms. Arati Chakraborty, Ms. Puja Chakraborty and Ms. Priya Chakraborty; and the aforementioned legal heirs are required to be brought on record by filing a substitution petition. But, there has already been a delay of 279 days in preferring the substitution petition.

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3.1 Further, Mr. Chakraborty submits that Mr. Pradip Chakraborty, the appellant in RFA No. 123/2019, was suffering from Cancer and was undergoing treatment at Madras and Calcutta, and ultimately, he suffered demise on 20.10.2024 and as such, there is a requirement for bringing on record the legal heirs of late Mr. Pradip Chakraborty, and that the applicants were not aware about the pending cases and after contacting one of their counsel, they came to know about the status of the case, and that the delay in preferring the application is not intentional, but rather, circumstantial and under such circumstances, he has contended to allow this petition.

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4. Mr. Ghosh, learned counsel for the opposite party submits that he has no objection in the event of allowing this petition.

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5. Accordingly, taking note of the submissions of the learned counsel for both the parties and also considering the explanations put forward for the delay of 279 days in preferring the application for setting aside abatement, this Court is inclined to allow this application.

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6. The delay of 279 days in preferring the substitution petition and setting aside the abatement is allowed.

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

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JUDGE

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Comparing Assistant

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 0RS v. Shri Biprajit Chakraborty

Case brief

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On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 0RS v. Shri Biprajit Chakraborty

Case brief

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