Mustt Anowara Begum and Ors v. On the Death of Md Abdul Samad His Legeal Heirs - Mustt. Jaygun Nessa and 13 Ors

ORDER Date : 20.03.2023

Heard Mr. H. Das, learned counsel for the applicant. Also heard learned counsel for the respondents.

¶2These three applications are taken up together for final consideration.

¶3The I.A.(Civil)/234/2015 is filed under Order 22 Rule 4 of the Code of Civil Procedure for substitution of the names of legal heirs of the deceased sole respondent Md. Abdul Samad, The I.A.(Civil)/235/2015 is filed under Section 5 of the Limitation Act for condonation of delay of 1585 days in preferring the connected application being I.A.(Civil)/234/2015 for substitution of the legal heirs of the deceased sole respondent and the I.A.(Civil)/236/2015 for setting aside abatement on the death of sole respondent, namely Abdul Samad.

¶4The delay in preferring the application within the period of limitation has been explained at paragraphs 4,5 and 6 of the application. Perused the same.

¶5The learned counsel for the respondent submits that he will not object to condonation of such delay.

¶6Considering the matter in entirety including the explanation given at Page No.# 3/3 paragraphs 4,5 and 6 of the application, this Court is of the considered opinion that the applicants were prevented from filing the application within time by sufficient cause beyond their control. Accordingly, the delay in preferring the I.A. (Civil)/234/2015 for substitution of legal heirs is condoned.

¶7Accordingly, the abatement is set aside.

¶8Also considered the pleadings made in I.A.(Civil)/234/2015. It reflects that the present applicants are legal heirs of the deceased sole respondent who died in the year 2011. Accordingly, the right to sue survives upon the present applicants and therefore, the I.A. is allowed by substituting the present applicants described in para-5 Page No.6 of IA(C) 234/2015 as respondents in place of deceased sole respondent.

¶9Registry to correct the cause title of RSA/161/2015 by incorporating the name of the legal heirs of the sole respondent in his place as reflected at paragraph 5 , Page of 6 of the I.A.(Civil)/234/2015.

¶10Accordingly, all these three Interlocutory Applications are allowed and disposed of in terms of the aforesaid common order.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010116312015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A./234/2015 MUSTT ANOWARA BEGUM and ORS VERSUS ON THE DEATH OF MD ABDUL SAMAD HIS LEGAL HEIRS - MUSTT. JAYGUN NESSA and 13 ORS Advocate for the Petitioner : MR.E U AHMEDA-5and6A-1to4and7 Advocate for the Respondent : MR. R ALI Linked Case : I.A./235/2015 MUSTT ANOWARA BEGUM and ORS VERSUS ON THE DEATH OF MD ABDUL SAMAD HIS LEGEAL HEIRS - MUSTT. JAYGUN NESSA and 13 ORS ------------ Advocate for : MR A C SARMA Advocate for : appearing for ON THE DEATH OF MD ABDUL SAMAD HIS LEGEAL HEIRS - MUSTT. JAYGUN NESSA and 13 ORS Linked Case : I.A./236/2015 MUSTT ANOWARA BEGUM and ORS VERSUS ON THE DEATH OF MD ABDUL SAMAD HIS LEGEAL HEIRS - MUSTT. JAYGUN NESSA and 13 ORS Page No.# 2/3 ------------ Advocate for : MR.E U AHMEDA-5and6A-1to4and7 Advocate for : appearing for ON THE DEATH OF MD ABDUL SAMAD HIS LEGEAL HEIRS - MUSTT. JAYGUN NESSA and 13 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY