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 Section 5 of the Limitation Act, 1963 has been filed by the applicant, who is the legal heirs of Firoja Khatun, appellant, in RSA No. 199/2014 for condoning the delay of 137 days in filing the application for substitution of the appellant on her death.

¶3The counsel for the respondents has raised no objection against the said application. Page No.# 3/3

¶4I have gone through the grounds shown for the delay as mentioned in paragraph Nos. 2 to 8 as well as in the additional affidavit filed by the applicant.

¶5Considering the submissions made by the learned counsel for the applicant, as well as considering the grounds shown for the delay in the condonation of delay application, this Court is of the considered opinion that the applicant has been able to show sufficient cause for delay in preferring the substitution application. Hence, the delay of 137 days in preferring the application for substitution is hereby condoned and this application is accordingly allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010106012024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:o oI.A.(Civil)/235/2023 ONoTHEoDEATHoOFoFIROJAoKHATUN HERoLEGALoHEIRSoWAHIDoKHANoANDoORS. oVERSUS RAJIAoBEGUMoando10oORS. W/OoMD.oALIoHUSSAIN oVILL.oJAGIROADoSILBHANGA oDIST.oMORIGAON oASSAM oPINoCODEo782410 2:MISSoGEETANJALIoTALUKDAR D/OoLATEoDINESHoTALUKDAR o RESIDENToOFoVILLAGEoBELTOLAoTINAILI oPSoBASISTHA oDISToKAMRUPoMoASSAMo781028 o3:SRIoNABAJIToSARMA S/OoLATEoPRAFULLAoSARMAH o RESIDENToOFoVILLAGEoBARNARDDI oPSoBARNARDDI oPSoBELSWAR oDISToNALBARI oASSAMo781304 Page No.# 2/3 4:SAFIKUR RAHMAN S/O MD. AZIZUR RAHMAN RESIDENT OF VILLAGE CHURCHURI PO BARMARDDI PS BELSWAR DIST NALBARI ASSAMM 781304 ------------ Advocate for : MR. S K DEKA Advocate for : appearing for RAJIA BEGUM and 10 ORS. In RSA Case No. 199/2014 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA