Page No.# 1/3 GAHC010088462025 2025:GAU-AS:6863 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1612/2025 NORTH EAST FRONTIER RAILWAY THROUGH THE GENERAL MANAGER ALIAS NF RAILWAY, MALIGAON, GUWAHATI- 11 VERSUS ON THE DEATH OF RES NO 2 KHARGESWAR DAS HIS LEGAL HEIR 2.1:SMTI MAKANI DAS W/O LATE KHARGESWAR DAS R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 781131 2.2:SMTI HIMADRI DAS D/O LATE KHARGESWAR DAS R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 781131 2.3:SRI MADAN DAS S/O LATE KHARGESWAR DAS Page No.# 2/3 R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 78113 Advocate for the Petitioner : MS S CHAKRABORTY, Advocate for the Respondent : GA, ASSAM, MR. P K BHUYAN BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-05-2025 Heard Ms. S. Chakraborty, learned Standing counsel NF, Railway. It is submitted that during the pendency of L.A.App./61/2014 the respondent no. 2 expired on 14.01.2024, but the applicant had no knowledge about the death of the respondent, it came to their knowledge only after effecting dasti service upon the said respondent, whereby the notice returned with the note that the respondent no. 2 had expired. By filing this application under section 5 of the Limitation Act, 1963, the applicant prays for condoning the delay of 315 days in filing the application praying for setting aside the abetment. Mr. R. Bhuyan, learned counsel appearing for the respondent nos. 1, 2 and 3 and Ms. D. D. Barman, learned Additional Senior Government Advocate appearing for the respondent no. 4 are present and have no objection in condoning the delay of 315 days. Page No.# 3/3 In view of the above, the delay of 315 days in filing the application for setting aside the abetment is hereby condoned. With the above, this IA stands allowed and disposed of. JUDGE Comparing Assistant