Page No.# 1/6 GAHC010064002020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1242/2020 FATEMA BIBI W/O KOI MAHAMUDDIN SK, D/O LT. KASEM ALI, VILL. MADHUSOULMARI, PT-II, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN- 783331 VERSUS AKHTAR ALI AND 7 ORS S/O LT. KASEM ALI, R/O VILL. MADHUSOULMARI PART-II, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783331 2:SAHIDUL HOQUE S/O AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 3:NABIJUR ALI S/O AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 4:KARESH ALI SON IN LAW OF AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI Page No.# 2/6 ASSAM PIN-783331 5:ON THE DEATH OF SAIFULLA SK HIS LEGAL HEIRS NAMELY- 5.1:JOHIRON NESSA W/O LT. SAIFULLA SK R/O VILL. MADHUSOULMARI PART-II (BARUARBHITA) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 5.2:SAHERA BIBI D/O LT. SAIFULLA SK W/O ABDUL HOSSAIN R/O VILL. MADHUSOULMARI PART-I (CHOTAN) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 5.3:HASNA BIBI D/O LT. SAIFULLA SK R/O VILL. MADHUSOULMARI PART-II (MESARDAIR) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 5.4:SAHIDUL ALI S/O LT. SAIFULLA SK R/O VILL. MADHUSOULMARI PART-II (KURSHAKATI) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 5.5:MOISENA BIBI D/O LT. SAIFULLA SK W/O EYASIN ALI R/O VILL. AND P.O.- TAMARHAT Page No.# 3/6 P.S. PALGHAT DIST. DHUBRI ASSAM PIN-783332 5.6:MIZANUR S/O LT. SAIFULLA SK R/O VILL. MADHUSOULMARI PART-II (BARUARBHITA) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 5.7:MONTI D/O LT. SAIFULLA SK R/O VILL. MADHUSOULMARI PART-II (NOWDA PARA) P.O.- MADHUSOLMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 6:HASINA BIBI W/O SAHIDUL HOQUE R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 7:THE CIRCLE OFFICER DHUBRI P.O. AND P.S. DHUBRI ASSAM PIN-783301 8:THE STATE OF ASSAM REP. BY D.C. DHUBRI P.O. AND P.S. DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. M A SHEIKH, MR A ISLAM,MR. M HUSSAIN Advocate for the Respondent : MR G P BHOWMIK (R1-R6), MR D KALITA (R1-R6) Page No.# 4/6 Linked Case : FATEMA BIBI W/O KOI MAHAMUDDIN SK D/O LT. KASEM ALI VILL. MADHUSOULMARI PT-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 VERSUS AKHTAR ALI AND 7 ORS ------------ Advocate for : MR. M A SHEIKH Advocate for : appearing for AKHTAR ALI AND 7 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 16.03.2026 Heard Mr. M. Hossain, learned counsel appearing for the applicant. Also heard Mr. D. Kalita, learned counsel appearing for the respondent Nos. 1 to 4 and 6. 2. By way of the present petition, the petitioner seeks condonation of a delay of 75 days in filing the connected Regular Second Appeal. 3. The petitioner is aggrieved by the judgment and decree dated 21.09.2019 passed by the learned First Appellate Court. The Page No.# 5/6 connected Regular Second Appeal, however, came to be filed only on 13.03.2020, resulting in a delay of 75 days, for which the present application has been filed seeking condonation. 4. Mr. M. Hossain, learned counsel for the applicant, submits that the delay occurred due to circumstances beyond the control of the petitioner and is primarily attributable to her poor financial condition. 5. Mr. D. Kalita, learned counsel appearing for the respondents, fairly submits that he has received no instructions to oppose the prayer for condonation of delay. 6. I have considered the submissions advanced by the learned counsel for the parties and have perused the materials available on record. 7. During the pendency of the present application, respondent No. 5 (Saifulla Sk) expired, and his legal heirs have been substituted as respondent Nos. 5(a) to 5(g). 8. The grounds explaining the delay, as stated in the application, may be summarised thus: the petitioner is a widowed woman belonging to a below poverty line category and has no independent source of income. Though she has two sons, they are daily wage labourers and are barely able to maintain their own families. The petitioner herself has been suffering from ailments requiring medical treatment. Owing to strained relations with certain relatives and her precarious financial condition, she was unable to immediately arrange the funds necessary for filing the appeal and travelling to Guwahati. 9. It is further stated that after considerable hardship and with Page No.# 6/6 assistance from distant relatives, the petitioner managed to arrange some money and came to Guwahati on 03.03.2020, whereupon she handed over the case records to learned counsel. The appeal was thereafter prepared and filed on 13.03.2020. 10. Upon consideration of the explanation offered, it appears that the delay has primarily occurred due to the petitioner’s financial constraints and personal circumstances. The law of limitation, though founded on public policy, does not intend to foreclose the remedy of a litigant where sufficient cause is shown and where the explanation appears bona fide. 11. In the facts and circumstances of the present case, this Court is satisfied that the explanation offered constitutes sufficient cause within the meaning of the law governing condonation of delay. The delay does not appear to be deliberate or attributable to negligence or inaction. 12. Accordingly, the delay of 75 days in filing the connected Regular Second Appeal stands condoned. 13. Let the connected Regular Second Appeal be registered and numbered and thereafter be placed before the appropriate Bench. 14. In the Regular Second Appeal, the Registry shall reflect the correct name of learned counsel for the petitioner as Mr. M. Hossain, Advocate. JUDGE Comparing Assistant