Page No.# 1/4 GAHC010222512024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3832/2024 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, N F RAILWAY, MALIGAON, GUWAHATI-11, ASSAM VERSUS ON THE DEATH OF RESPONDENT SUHASH DAS, HIS LEGAL HEIRS TO BE IMPLEADED AS SMT. SHILA DAS, W/O LATE SUBHASH DAS, R/O VILL-BILPATHAR, PO- NAOJAN, DIST- GOLAGHAT, ASSAM,PIN 785601 2:SRI SOURAV DAS S/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. 3:SRI GAURAV DAS S/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. 4:SMTI PREETI DAS D/O LATE SUBHASH DAS Page No.# 2/4 R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601 Advocate for the Petitioner : GAUTAM GOSWAMI, Advocate for the Respondent : MR S ROY, Linked Case : I.A.(Civil)/1198/2024 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER N F RAILWAY MALIGAON GUWAHATI-11 ASSAM VERSUS ON THE DEATH OF RESPONDENT SUHASH DAS HIS LEGAL HEIRS TO BE IMPLEADED AS SMT. SHILA DAS W/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. 2:SRI SOURAV DAS S/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. 3:SRI GAURAV DAS Page No.# 3/4 S/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. 4:SMTI PREETI DAS D/O LATE SUBHASH DAS R/O VILL-BILPATHAR PO- NAOJAN DIST- GOLAGHAT ASSAM PIN 785601. ------------ Advocate for : GAUTAM GOSWAMI Advocate for : appearing for ON THE DEATH OF RESPONDENT SUHASH DAS HIS LEGAL HEIRS TO BE IMPLEADED AS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.02.2025 Heard Mr. G. Goswami, learned Standing Counsel, Railway Department for the applicant. Also heard Mr. M.H. Laskar, learned counsel for the respondents/opposite parties. This application is filed under Section under Order XXII Rule 9 of the Code of Civil Procedure (CPC) for setting aside abatement of MFA No. 80/2012 in connection with UOI-Vs- Subhash Das. It is submitted that the applicant/appellant was ignorant of the death of the respondent no.1 and thus, could not submit an application for substitution of the legal representative of the respondent Subhash Das within the period specified under Limitation Act, 1963. Page No.# 4/4 I have considered the submissions of both the parities. It appears that there was no negligence on the part of the applicant/appellant and there are sufficient grounds for setting aside the abatement. The abatement of MFA No. 80/2012 is hereby set aside. With the above observation and direction, the interlocutory application stands disposed of. JUDGE Comparing Assistant