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2025 DAILYLAW 15771 (GAU)

BIMAL SAHA AND ORS v. BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO LTD

I.A.(Civil)/3348/2024 · 2025-02-04

Budi Habung

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010152112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3348/2024 BIMAL SAHA AND ORS S/O LATE BIRCHARAN SAHA, R/O VILL. WARD NO. 4, DHEKIAJULI TOWN, P.O. AND P.S. DHEKIAJULI, DIST. SONITPUR, ASSAM. 2: ON THE DEATH OF SABITA SAHA HER LEGAL HEIRS NAMELY 2.2: BIPUL SAHA S/O LATE BIR CHARAN SAHA R/O VILL. WARD NO. 4 DHEKIAJULI TOWN P.O. AND P.S. DHEKIAJULI DIST. SONITPUR ASSAM. 2.3: SANGITA SAHA D/O LATE BIR CHARAN SAHA W/O KISHOR SAHA R/O SASHAN PATTY WARD NO. 11 SARUPATIA DIST- DARRANG ASSAM 2.13: BIKASH SAHA S/O LATE BIR CHARAN SAHA R/O VILL. WARD NO. 4 DHEKIAJULI TOWN P.O. AND P.S. DHEKIAJULI DIST. SONITPUR ASSAM VERSUS Page No.# 2/2 BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO LTD BRANCH OFFICE, ANIL PLAZA, 5TH FLOOR, BESIDES IDBI BUILDING, ABC, G.S. ROAD, GUWAHATI, P.O. AND P.S.-GUWAHATI, DIST-KAMRUP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. A K DAS,MS. J GHOSH,MS A BORAH,MS. U NANDA,MS. K L R YANTHAN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 05.02.2025 Heard Ms. A. Borah, learned counsel for the applicant. This is an application filed under Section 5 of the Limitation Act, 1963 for condoning of delay of 277 days in preferring the connected application, IA(C)/3350/2024 under Order 22 Rule 3(1) of the Code of Civil Procedure, 1908. The ground for delay in filing the substitution application has been explained in paragraph nos. 2, 3 and 4 of the said application. Upon consideration of the explanation given in the said application, this Court is satisfied that the applicant has been able to show sufficient cause for not filing the connected application within the stipulated time. Accordingly, the delay of 277 days in preferring the connected application is hereby condoned. With the above, this I.A. stands allowed and disposed of. JUDGE Comparing Assistant