Page No.# 1/4 GAHC010079092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1827/2025 ON THE DEATH OF JAGDISH CHANDRA MEDHI, HIS LEGAL HEIRS, SMTI RASHMI MEDHI W/O LATE JAGADISH CHANDRA MEDHI, R/O VILL- PATHSALA, P.O.- PATHSALA, P.S.-PATACHARKUCHI, DIST- BARPETA, ASSAM, PIN-781325 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAY, NEW DELHI-110001 2:THE DIRECTOR GENERAL RAILWAY PROTECTION FORCE RAILWAY BHAWAN NEW DELHI-110001 3:THE PRINCIPAL CHIEF SECURITY COMMISSIONER N.F. RAILWAY MALIGAON GUWAHATI-12 DIST-KAMRUP (M) ASSAM 4:THE CHIEF SECURITY COMMISSIONER N.F. RAILWAY MALIGAON GUWAHATI-12 DIST-KAMRUP (M) ASSAM 5:THE ASSTT. SECURITY COMMISSIONER N.F. RAILWAY Page No.# 2/4 RANGIA DIST-KAMRUP ASSAM PIN-781354 6:DIVISIONAL SECURITY COMMISSIONER N.F. RAILWAY ALIPURDUAR JUNCTION ALIPURDUAR DIST-ALIPURDUAR WEST BENGAL PIN-73612 Advocate for the Petitioner : MR R S CHAUHAN, Advocate for the Respondent : DY.S.G.I., Linked Case : WP(C)/4962/2023 JAGADISH CHANDRA MEDHI S/O LATE DASARATH MEDHI R/O VILL- PATHSALA P.O.-PATHSALA P.S.-PATACHARKUCHI DIST- BARPETA ASSAM PIN-781325 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF RAILWAY NEW DELHI-110001 2:THE DIRECTOR GENERAL RAILWAY PROTECTION FORCE RAILWAY BHAWAN NEW DELHI-110001 3:THE PRINCIPAL CHIEF SECURITY COMMISSIONER N.F. RAILWAY Page No.# 3/4 MALIGAON GUWAHATI-12 DIST-KAMRUP (M) ASSAM 4:THE CHIEF SECURITY COMMISSIONER N.F. RAILWAY MALIGAON GUWAHATI-12 DIST-KAMRUP (M) ASSAM 5:THE ASSTT. SECURITY COMMISSIONER N.F. RAILWAY RANGIA DIST-KAMRUP ASSAM PIN-781354 6:DIVISIONAL SECURITY COMMISSIONER N.F. RAILWAY ALIPURDUAR JUNCTION ALIPURDUAR DIST-ALIPURDUAR WEST BENGAL PIN-736121 ------------ Advocate for : MR R S CHAUHAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.09.2025 Heard Mr. R. S. Chauhan, learned counsel for the applicant and Mr. K. K. Parashar, learned CGC for the respondent. This interlocutory application is preferred by the applicant under Order 22 Rule 3(ii) of the Code of Civil Procedure, for setting aside the abatement order by condoning the delay of 119 days on the death of Sri Jagdish Chandra Medhi, i.e., the petitioner in WP(C) No. 4962/2023, who suffered demise on 13.07.2024. Page No.# 4/4 Mr. Chauhan submits that due to mis-communication between the engaged counsel and the legal heirs of the petitioner, the application could not be filed in time; and that the same is not intentional and rather circumstantial; and under such circumstances, Mr. Chauhan submits that the delay of 178 days in preferring the application may be condoned and the abatement may be set aside. Mr. Parashar, learned CGC, submits that he has no objection regarding the same. Accordingly, taking note of the submission of the learned counsel for both the sides, this interlocutory application stands allowed. The abatement stands set aside and quashed. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant