M/S BALBIR CLOTH STORES AND ORS v. TARAMATI SHARMA AND ANR
I.A.(Civil)/1981/2025 · 2025-06-18
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14262 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14262 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014972014
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1981/2025 in CRP/295/2014 M/S BALBIR CLOTH STORES AND ORS SITUATED AT STATION ROAD BONGAIGAON ROAD BONGAIGAON TOWN P.O.
P.S. and DIST. BONGAIGAON ASSAM 2: M/S GULATI GARMENTS STATION ROAD BONGAIGOAN TOWN P.O.
P.S. and DIST. BONGAIGAON ASSAM. 3: M/S SHREE DASH MESH GARMENTS STATION ROAD BONGAIGAON TOWN OPP. MAIN POST OFFICE P.O.
P.S. and DIST. BONGAIGAON ASSAM. 4: ON THE DEATH OF SRI SURINDER SINGH GULATI HIS LEGAL HEIRS 4.1: SMTI GURMEET KAUR W/O LATE SURINDER SINGH GULATI
C/O M/S GULATI GARMENTS STATION ROAD BONGAIGAON TOWN PO
Page No.# 2/3 PS AND DIST. BONGAIGAON ASSAM 4.2: PARVINDER SINGH GULATI S/O LATE SURINDER SINGH GULATI
C/O M/S GULATI GARMENTS STATION ROAD BONGAIGAON TOWN PO PS AND DIST. BONGAIGAON ASSAM 4.3: HARVINDER SINGH GULATI W/O LATE SURINDER SINGH GULATI
C/O M/S GULATI GARMENTS STATION ROAD BONGAIGAON TOWN PO PS AND DIST. BONGAIGAON ASSAM 5: SRI TARANJIT SINGH GULATI S/O LT. RAJWANT SINGH GULATI PROPRIETOR OF M/S SHREE DASH MESH GERMENTS SITUATED AT STATION ROAD BONGAIGAON TOWN OPP. OF MAIN POST OFFICE P.O.
P.S. and DIST. BONGAIGAON ASSAM. VERSUS TARAMATI SHARMA AND ANR W/O LT. DEO NARAYAN SHARMA 2:SRI RANJIT SHARMA S/O LT. DEO NARAYAN SHARMA BOTH ARE RESIDENT OF STATION ROAD BONGAIGAON TOWN OPP. OF MAIN POST OFFICE P.O.
P.S. and DIST. BONGAIGAON ASSAM. ------------ Advocate for : MR. A SATTAR Advocate for : MR. B J MUKHERJEE appearing for TARAMATI SHARMA AND ANR
Page No.# 3/3
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 19.06.2025 Heard Mr. W. Hoque, learned counsel for the applicants and also heard Mr. H. Buragohain, learned counsel for the opposite parties/respondents. This application under Section 5 of the Limitation Act, 1963 is preferred by the applicants for condonation of delay of 1047 days in filing the connected substitution application, seeking to implead the legal heirs of the deceased petitioner No.4, namely, Surinder Singh Gulati. Mr. Hoque, learned counsel for the applicants submits that the petitioner No.4, namely, Surinder Singh Gulati, suffered demise on 16.03.2021, and that he came to know about the demise of petitioner No.4 on 27.05.2025 and immediately knowing about the same, he filed application for substitution of his legal heirs along with the petition for condonation of delay and the delay is not intentional and therefore, it is contended to condone the same.
Mr. Buragohain, learned counsel for the opposite parties submits that he has no objection. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, delay of 1047 days in filing the substitution petition stands condoned, as the same appears to be sufficiently explained in the petition. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE