Mohd Alauddin Ahmed, v. Syed Mizanur Rahman and 2 Ors

ORDER Date : 05.04.2024

¶1This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 872 days in preferring the application for setting aside the abatement of the appeal in respect to the Respondent No.2 who expired on

05.12.2018.

¶2This Court finds it very pertinent to observe that the Applicant who was the plaintiff filed a suit being Title Suit No.14/2010. It is relevant to take note of that the Applicant herein being the plaintiff had filed the suit claiming right of re-emption and possession over a plot of land described in Schedule-B to the plaint and for other consequential reliefs. The cause of action for the filing the said suit was that the Defendant Nos. 2 and 3 who are the Respondent Nos. 2 and 3 in the accompanying appeal had transferred the said Schedule-B land by way of registered Deed of sale in favour of the Defendant No.1 bearing Sale Deed No.2088 dated 07.09.2009. Be that as it may, the said Sale Deed was put to challenge in the said suit.

¶3In the perspective of the above, let this Court now decide as to whether the delay of 872 days can be condoned. The plaintiff/applicant herein as well as the Defendant Nos. 2 and 3 are all brothers being sons of Late Sahar Ali. The Defendant No.2 i.e. the Respondent No.2 expired on 05.12.2018. The Applicant/Appellant herein very well knew about his death and did not take any steps till the filing of the instant application. It is the case of the applicant as could be seen from the application that the applicant inadvertently failed to Page No.# 4/4 inform his counsel regarding the death of the Respondent No.2 and this in the opinion of this Court cannot constitute a sufficient cause for condoning the delay of 872 days.

¶4Accordingly, the application seeking condonation of delay therefore stands rejected.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010204682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/31/2024o MOHDoALAUDDINoAHMED,o S/OoLATEoSAHARoALI,o R/OoSAHAN,oCOLEGEoROAD,o POoANDoPSoRANGIA,o KAMRUPo(R),oASSAM. VERSUSo SYEDoMIZANURoRAHMANoando2oORSo S/OoLATEoKHALILURoRAHMAN,oR/OoRANGIAoWARDoNO.o3oRANGIAoTOWN,o PSoRANGIAoDISToKAMRUPoASSAMoPINo781354 2:ONoTHEoDEATHoOFoMOHD.oISAHAQUEoALI oREPRESENTEDoBYoHISoLEGALoHEIRS 2.1:HAJIRAoBEGUM oW/OoLATEoMOHD.oISAHAQUEoALI o R/OoSAHAN oCOLLEGEoROAD o POoANDoPSoRANGIA o DIST.oKAMRUP oASSAM o PINo781354 2.2:IRASHAoBEGUM Page No.# 2/4 D/O LATE MOHD. ISAHAQUE ALI W/O NAZIM AHMED R/O N.T. ROAD RANGIA TOWN NEAR MASJID PO AND PS RANGIA DIST. KAMRUP ASSAM PIN 781354. 2.3:INAMUL HAQUE CHOUDHURY S/O LATE MOHD. ISAHAQUE ALI R/O SAHAN COLLEGE ROAD PO AND PS RANGIA DIST. KAMRUP ASSAM PIN 781354 3:SAHABUDDIN AHMED S/O LATE SAHAR ALI R/O WARD NO. 3 RANGIA TOWN COLLEGE GATE PS RANGIA PIN 781354 DIST KAMRUP ASSA For the Applicant(s) : Ms. Z. Mukit, Advocate For the Respondent(s) : Mr. P. Das, Advocate Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH