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1985 DAILYLAW 56 (GAU)

ON THE DEATH OF LATE SUBHASH DEBNATH HIS LEGAL HEIRS JAYATI DEBNATH AND ANR v. JITENDRA KUMAR ROY AND ORS

I.A.(Civil)/1985/2025 · 2026-08-27

Parthivjyoti Saikia

body1985

Judgment text

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Page No.# 1/3 GAHC010048802026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1985/2025 ON THE DEATH OF LATE SUBHASH DEBNATH HIS LEGAL HEIRS JAYATI DEBNATH AND ANR WIFE OF LATE SUBHASH DEBNATH RESIDENT OF HOUSE NO 57 PRAGJYOTISHNAGAR BG COLONY MALIGAON GUWAHATI DISTRICT KAMRUP METRO 2: DHANAJIT DEBNATH SON OF LATE SUBHASH DEBNATH RESIDENT OF HOUSE NO 57 PRAGJYOTISHNAGAR BG COLONY MALIGAON GUWAHATI DISTRICT KAMRUP METRO 781012 VERSUS JITENDRA KUMAR ROY AND ORS SON OF LATE JAMINI ROY RESIDENT OF PRAGJYOTISH NAGAR BYE LANE 2 MALIGAON GUWAHATI DISTRICT KAMRUP METRO ASSAM 2:SRI SIBU ROY SON OF SRI BIMAL ROY RESIDENT OF FATASIL GS COLONY GUWAHATI DISTRICT KAMRUP METRO ASSAM 3:MD IFTIKAR ALI SON OF MD IBRAHIM ALI RESIDENT OF VILLAGE NORTH JALUKBARI KATIA DALLANG GUWAHATI DISTRICT KAMRUP METRO ASSAM 4:MUSTT NAFISA BEGUM WIFE OF MD IFTIKAR ALI RESIDENT OF VILLAGE NORTH JALUKBARI KATIA DALLANG GUWAHATI DISTRICT KAMRUP METRO ASSAM 5:THE BRANCH MANAGER UNITED COMMERCIAL BANK RAJGARH ROAD BRANCH KUSUM MANSION BHANGAGAR GUWAHATI KAMRUP METRO ASSAM ------------ Advocate for : MR S BHARALI Advocate for : MR. M DUTTA appearing for JITENDRA KUMAR ROY AND ORS Page No.# 2/3 Linked Case : RFA/125/2018 SRI SUBASH DEB NATH S/O- LT NIBARAN DEBNATH R/O- PRAGJYOTISHNAGAR B.G. COLONY MALIGAON GHY-12 DIST- KAMRUP (M) VERSUS JITENDRA KUMAR ROY AND 4 ORS S/O- LT JAMINI ROY R/O- PRAGJYOTISH NAGAR BYE LANE 2 MALIGAON GHY-11 DIST- KAMRUP (M) ASSAM 2:SRI SIBU ROY S/O- SRI BIMAL ROY R/O- FATASIL G.S.COLONY GHY-9 DIST- KAMRUP (M) ASSAM 3:MD. IFTIKAR ALI S/O- MD. IBRAHIM ALI R/O- VILL- NORTH JALUKBARI KATIA DALLANG GHY-14 DIST- KAMRUP (M) ASSAM 4:MUSTT. NAFISA BEGUM W/O- MD. IFTIKAR ALI R/O- VILL- NORTH JALUKBARI KATIA DALLANG GHY-14 DIST- KAMRUP (M) ASSAM Page No.# 3/3 5:THE BRANCH MANAGER UNITED COMMERCIAL BANK RAJGARH ROAD BRANCH KUSUM MANSION BHANGAGARH GHY-5 DIST- KAMRUP (M) ASSAM ------------ Advocate for : MR N DUTTA Advocate for : MR. M DUTTA (R1 R2) appearing for JITENDRA KUMAR ROY AND 4 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28-08-2026 Heard Mr. D. Baruah, learned counsel appearing for the applicant. Also heard Mr. M. Dutta, learned counsel representing the respondents. This application has been filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 732 days in preferring the application for substitution of the deceased appellant in the connected RFA. Mr. Dutta has objected to the present application. I have considered the submissions made by the learned counsel for both sides. The delay has been satisfactorily explained. Therefore, the delay stands condoned. The interlocutory application is disposed of. JUDGE Comparing Assistant