Page No.# 1/4 GAHC010281092019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/863/2020 LILY BASUMATARY AND 3 ORS W/O LATE BHUBAN BASUMATARY, R/O KHARALALPARA, P.O. AND P.S. DUDHNOI, DIST. GOALPARA, ASSAM-783124. 2: SMT. KUKUMONI BORO W/O SRI BINOY BHUSHAN BORO R/O TURA P.O. ARAIMAIL P.S. TURA DIST. WEST GARO HILLS MEGHALAYA-794101. 3: SMT. ANAMIKA BRAHMA W/O SRI NARESWAR BRAHMA R/O KHARALALPARA P.O. AND P.S. DUDHNOI DIST. GOALPARA ASSAM-783124. 4: SMT. PHULU BRAHMA CHOUDHURY W/O NANDISH BRAHMA CHOUDHURY R/O VILLAGE AND P.O. DARANG GIRI DIST. GOALPARA ASSAM VERSUS SMT. UDASHI BASUMATARY AND 2 ORS SECOND WIFE OF LATE MANORANJAN BASUMATARY, R/O DUDHNOI (THEKASU PART-II, EAST BABUPARA), P.O. AND P.S. DUDHNOI, DISTRICT GOALPARA, ASSAM-783124 2:LUNA BASUMATARY D/O LATE MANORANJAN BASUMATARY Page No.# 2/4 R/O DUDHNOI (THEKASU PART-II EAST BABUPARA) P.O. AND P.S. DUDHNOI DISTRICT GOALPARA ASSAM-783124 3:BIBEKANANDA BASUMATARY S/O LATE LAKHPATI BASUMATARY R/O KHARALALPARA P.O. AND P.S. DUDHNOI DISTRICT GOALPARA ASSAM-783124 Advocate for the Petitioner : MR. A K JAIN, MS. T P THANCHUNG,PRIYANKA DAS,MS. R JUGLI,MS M PARBIN,DR ANKIT TODI,MR A NATH,DR B P TODI Advocate for the Respondent : MR. D CHOUDHURY, MR J DAS,MR T CHAKRABORTY Linked Case : LILY BASUMATARY AND 3 ORS VERSUS SMT. UDASHI BASUMATARY AND 2 ORS ------------ Advocate for : Advocate for : appearing for SMT. UDASHI BASUMATARY AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Page No.# 3/4 26.08.2026 1. Heard Mr. A Nath, the learned counsel for the applicants. Also heard Mr. D Choudhury, the learned counsel for the Opposite Parties. 2. This Interlocutory Application has been filed by the applicants in connection with Test Case No. 1/2014 praying for condonation the delay of 222 days in preferring the Review Application against the judgment and order dated 07.03.2019 passed by this court in Test Case No. 1/2014. 3. The learned counsel for the applicants has submitted that the applicants were not informed about the order dated 07.03.2019 by their engaged counsel and they came to know about the said order only on 07.08.2019, when the applicant No.1 came to Guwahati. Thereafter, the applicants took steps for applying the certified copy of the order of which review has been preferred and instructed the counsel to file a Review Application and in the process, the delay of 222 days have occasioned. 4. Mr. D Choudhury, the learned counsel for the Opposite Parties has opposed the prayer for condonation of delay. He submits that the applicants have not explained the reasons for delay by showing sufficient cause for delay in preferring the connected Review Application. He submits that even after knowing about the order dated 07.03.2019, there was a delay in filing an application for certified copy, which has not been explained. He submits that even after obtaining the certified copy, the Review Application was filed after about four months and the said delay has not been explained. 5. I have considered the submissions made by the learned counsel for both Page No.# 4/4 sides. Since, the Review Application, which has been filed seeking review of an order passed in Testamentary Case, this court is taking a liberal a liberal view of the matter has considered the grounds shown by the applicants in this Interlocutory Application to be sufficient ground, which prevented them from approaching the court within prescribed period of limitation in filing the connected Review Application. As such, the delay of 222 days in preferring the Review Application is hereby condoned and this Interlocutory Application stands allowed. 6. The Registry is directed to register the Review Application and list the same in Order Column after a week on date to be fixed by the Registry. 7. The name of Mr. B Choudhury, learned counsel for the respondent may be reflected in the cause list henceforth. 8. The applicants shall furnish a copy of the Review Application along with annexures to the learned counsel for the respondents within two days from the date of this order. 9. This IA, accordingly, stands disposed of. JUDGE Comparing Assistant