Anowara Begum and 6 Ors v. Md. Abdul Samad

ORDER 07-02-2024 Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. R. Ali, learned counsel appearing for the legal heirs of Lt. Abdul Samad. This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 387 days in preferring the connected review of appeal. RSA No. 161 of 2002 was dismissed for default in the 2013 and Abdul Samad was the respondent in the said appeal. Thereafter, the said appeal was resorted to file on 25.02.2019. Again the appeal was dismissed vide order dated 25.02.2019. Now, after a delay of 387 days a review petition has been filed against the order dated

25.02.2019. Page No.# 3/3 Mr. Ali, the learned counsel submits that Abdul Samad died on 07.08.2010 and at that time, the appeal was not inexistence. Mr. Ali further submits that Order 22 of the Code of Civil Procedure speaks about pendency of a proceeding where the legal heirs of a deceased party can be impleaded in this case. Even though this Court had directed substitution of a legal heir of Abdul Samad in an earlier occasion. Mr. Das also agreed that at the time of death of Abdul Samad, there was no pending proceeding in the Court. Therefore, there cannot be any question of substitution of his legal heir in any proceeding. I have considered the submissions made by the learned counsels for both sides. This Court is of the opinion that at the time of death of Abdul Samad, no proceeding was pending in the Court. Therefore, there cannot be substitution of his legal heirs in any proceeding. This Court is of the opinion that the present application for condonation of delay for acceptance of the review application is not maintainable in law. Accordingly, the present IA stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010109472022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1808/2022 oooooooooooooInoReviewoPet.oNo.6783/2022o ANOWARAoBEGUMoANDo6oORS.o W/O-oNOORoISLAM,oR/O-oNALGALoDHOWA,oMOUZA-oSAIDARIA,oP.S.o RUPAHIHAT,oDIST.oNAGAON,oASSAM 2:oMUSTT.oMAZIDAoBEGUMo@oMOJIDAoKHATUN oW/O-oMD.oISMAIL oR/O-oNO.o8oUDALI oTHANA-oLANKA oDIST.oNAGAON oASSAM 3:oMUSTT.oMONOWARAoBEGUMo@oMONOWARA oW/O-oLATEoSAMSUDDIN oR/O-oKANDHULIMARI oMOUZA-oALITANGANI oDIST.oNAGAON oASSAM 4:oMUSTT.oSAHIDAoBEGUM oW/O-oMAINULoHAQUE oR/O-oTELIAPATHAR oMOUZAoANDoP.S.oJURIA oDIST.oNAGAON oASSAM 5:oMD.oHEDAYAToULLAH oS/O-oLATEoABDULoRASHID oR/O-oVILL.-oKANDHULIMARI oMOUZA-oALITANGANI oDIST.oNAGAON oASSAM 6:oABDULoRAFIQUE Page No.# 2/3 S/O- MD. SAMSUDDIN R/O- VILL.- KANDHULIMARI MOUZA- ALITANGANI DIST. NAGAON ASSAM 7: ABDUL MANNAF @ A. MANNAN S/O- MD. SAMSUDDIN R/O- VILL.- KANDHULIMARI MOUZA- ALITANGANI DIST. NAGAON ASSA VERSUS MD. ABDUL SAMAD S/O- LATE HAJI SHAIKH IMAN ALI MANDAL @ HAJI MD. IMAN ALI @ IMAN ALI HAJI, R/O- KANDHULIMARI,MOUZA- ALLITANGANI, DIST. NAGAON, ASSAM Advocate for the Petitioner : MR H DAS Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA