On the Death of Firoja Khatun v. Rajia Begum and 10 Ors

ORDER

31.07.2024

¶1Heard Mr. J. Deka, learned counsel for the applicant. Also heard Mr. S.N. Ahmed, learned counsel for the respondent No. 1. Mr. K.K. Bhattacharyya, learned counsel for the respondent Nos. 2, 3, 4 and 6 as well as Mr. C. Baruah, learned counsel appearing for the respondent No. 5 and Ms. S. Sharma, learned counsel appearing for the respondent No. 7.

¶2This application under Order 22 Rule 9 of the Code of Civil Procedure, 1908 has been filed by the applicant for setting aside abatement of RSA No. 199/2014 on the death of sole appellant Firoja Khatun.

¶3The learned counsel for the applicant has submitted that they are the legal representative of the appellant Firoja Khatun, who passed away on

30.12.2021.

¶4The learned counsel for the applicant had also preferred an Interlocutory Application, which was registered as I.A. No. 235/2023 for condoning the delay in preferring the substitution application for substitution of the legal representative of the deceased applicant and same has been allowed by order dated 31.07.2024 passed by this Court, on the same ground the abatement of appeal being RSA No. RSA No. 199/2014 may also be set aside. Page No.# 5/5 The applicant has also sufficiently explained the reasons for which they were prevented from continuing the appeal after the death of the sole applicant.

¶5The counsel for the respondents have raised no objection to the prayer for setting aside of the abatement of the connected regular second appeal.

¶6Considering the submissions made by the learned counsel for the applicant, as well as considering the grounds shown in the application, which is supported by affidavit, this Court is of the considered opinion that the applicant has showed sufficient cause for which they were prevented from consuming the appeal on the death of the sole appellant before it got abated by operation of law.

¶7For reasons mentioned herein above, the abatement of connected regular second appeal No. 199/2014 on the death of the appellant Firoja Khatun is hereby set aside.

¶8This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

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