Page No.# 1/4 GAHC010277522024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/578/2023 ON THE DEATH OF MUSTAFIZUR RAHMAN HIS LEGAL HEIRS AND REPRESENTATIVES 1.1: JAHANARA BEGUM W/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O. P.S. AND DIST-MORIGAON ASSAM PIN-782105 1.2: SAHIL RAHMAN S/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O. P.S. AND DIST-MORIGAON ASSAM PIN-782105 1.3: SUHANA RAHMAN D/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O. P.S. AND DIST-MORIGAON ASSAM PIN-782105 (BEING MINOR REPRESENTED BY PETITIONER NO. 1) VERSUS RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS. DHIANG ARCADE 4TH FLOOR ABC G.S. ROAD GUWAHATI-5 Page No.# 2/4 2:RAKESH DAS S/O MOHIRAM DAS VILL-KACHADHARA (KUMARGAON) P.O.-ALIKUCHI P.S.-RAHA DIST-NAGAON ASSAM PIN-782103 3:MD. IMDAD SHAH S/O MD. RAMJAN ALI VILL-BRIGAON P.O.-DANDUA P.S. AND DIST-MORIGAON ASSAM PIN-782104 ------------ Advocate for : MR. M TALUKDAR Advocate for : MR. A J SAIKIA appearing for RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08-06-2026 Heard Mr. M. Talukdar, learned counsel for the applicants and Mr. A.J. Saikia, learned counsel for the respondent no. 1/Reliance General Insurance Co. Ltd. 2. The instant application under Order 22 Rule 9(2) of the CPC has been filed praying for setting aside of abatement of the appeal, MAC Appeal no. 557/2017. 3. The case of the applicants herein is that the appellant in MAC Appeal no. 557/2017 had expired on 14.08.2017 leaving behind the present applicants/legal heirs. Although the appellant expired on 14.08.2017, the same Page No.# 3/4 could not be brought on record at an earlier point of time due to communication gap between the applicants/legal heirs of the deceased appellant and the counsel conducting the case on behalf of the deceased appellant. The applicants/legal heirs of the deceased appellant do not know that they were required to file the present application and such knowledge was given to them only by the local counsel when they met the counsel on 05.01.2023. Hence, the substitution petition could not be filed on time and by that time, the appeal was abated. 4. The learned counsel for the applicants also submits that after the counsel advised them to file substitution petition, the applicants took some time in arranging necessary finances for filing the petition as advised by their counsel and they could come to Guwahati only on 10.01.2023 and meet the counsel and the present application as well as the petition for condonation of delay and substitution petition has been filed on 17.01.2023. It is submitted by the learned counsel for the applicants that there is no intentional delay or negligence on the part of the applicants and accordingly, it is prayed that the abatement of appeal may be set aside. 5. In view of the Order allowing the condonation of delay in I.A.(Civil) no. 1947/2025, the instant application is allowed and the abatement of MAC Appeal no. 557/2017 is set aside and the appeal is restored to file. 6. This application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant