Disposed

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha,Sri Jagadish Chandra Saha

Gauhati HC6 Jan 2026I.A.(Civil)/4174/2025

Case brief

AI extract

What is this about?

Application to condone a 936-day delay in preferring a substitution application following the death of an appellant during the Covid period. Opposite party raised no objection; the Court found the explanation satisfactory and condoned the delay.

What did the court decide?

Delay of 936 days in preferring the substitution application condoned.

On the Death of Ramela Khatun, Vs Legal Heirs… — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC010003152012

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

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Case No. : I.A.(Civil)/4174/2025

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ON THE DEATH OF RAMELA KHATUN

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HER LEGAL HEIRS

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1.1: RUKIA BEGUM W/O SHAHIDUL ISLAM

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RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525

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1.2: GAFUR ALI

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S/O RUSTAM ALI

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RESIDENT OF VILLAGE SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI ASSAM BTR ASSAM 784525

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1.3: NURJAHAN BEGUM W/O JULFIKAR ALI

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RESIDENT OF VILLAGE NO. 2 SINGRIMARI PO AND PS KALAIGAON DIST UDALGURI

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Page No.# 2/3

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BTR ASSAM 784525 1.4: RAHIMA BEGUM (WIDOW) D/O RUSTAM ALI RESIDENT OF SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.5: NAZRUL ALI S/O RUSTAM ALI

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RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 VERSUS

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LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM

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2:SRI PRADIP KR. SAHA S/O LATE RAKHAL CH. SAHA

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RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM -----------Advocate for : MD S HUSSAIN Advocate for : MR. A R SIKDAR appearing for LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA

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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. S. Hussain, learned counsel for the applicant and Mr. A. Hussain, learned counsel for the opposite party.

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2. This application, under Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 936 days in preferring the connected substitution application.

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3. The learned counsel for the applicant submits that the appellant No. 5, in RSA No. 22/2012, suffered demise during the Covid period and the same has not been informed to the applicant herein and for which, the substitution petition could not be filed in time and that the delay is not intentional, rather it is circumstantial and therefore, it is contended to allow this petition.

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4. The learned counsel for the opposite party submits that he has no objection in the event of allowing this application.

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5. Considering the submissions of learned counsel for both the parties and also considering the explanation so forthcoming for delay of 936 days in preferring the substitution petition, this Court is inclined to allow this application and accordingly, the said delay stands condoned.

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6. In terms of above, this I.A. stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha,Sri Jagadish Chandra Saha

Case brief

What is this about?

What did the court decide?

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha,Sri Jagadish Chandra Saha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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