Page No.# 1/6 GAHC010187212024 2025:GAU-AS:6696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2998/2024 ON THE DEATH OF SUREN GOGOI HIS LEGAL HEIRS NAMELY 1.1: MOMI GOGOI W/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.2: POMPI DUTTA GOGOI W/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.3: CHANDAN GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.4: ANEE GOGOI D/O LATE SUREN GOGOI Page No.# 2/6 R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.5: SURAJ GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.6: DIBYAJUT GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.7: PRADHAN GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM VERSUS ON THE DEATH OF SUBAL HAJONG HIS LEGAL HEIRS NAMELY 1.1:CHUNDAMONI HAJONG W/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.2:AROBINDO HAJONG Page No.# 3/6 S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.3:AMIN HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.4:RUMIN HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.5:RIMI HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM ------------ Advocate for : MS. S G BARUAH Advocate for : MS P BORUAH appearing for ON THE DEATH OF SUBAL HAJONG HIS LEGAL HEIRS Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26.05.2025 Heard Ms. S. G. Baruah, learned counsel appearing for the applicant.Also heard Ms. P. Boruah, learned counsel appearing on behalf of respondent Nos. 6A to 6E. 2. This interlocutory application under Section 5 of the limitation act has been filed by the applicant in I.A.(Civil) No.1185/2024 for condoning the delay of 1960 days in filing the application for setting aside the abatement on death of respondent No.6 and for substitution of legal heirs of respondent No.6. 3. Ms. S. G. Baruah, learned counsel appearing for the applicant submits that delay has primarily been occurred, as earlier the applicant was unaware of the demise of Subal Hajong and hence the substitution application could not be filed within a period of limitation as prescribed under the limitation act. 4. Ms. P. Boruah, learned counsel appearing on behalf of respondent Nos. 6A to 6E submits that she has received no instructions to oppose the prayer of condonation. 5. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 6. Apt to reproduce the paragraphs 3 to 7 of the condonation application for ready reference:- “3. That the applicants No. 1A, 2, 3, 4, 5, 6 and 7 have filed an IA (Civil) No. 1185/2024 on 08.04.2024 for condonation of delay and Page No.# 5/6 IA(Civil) No. 1186/2024 on 08.04.2024 for setting aside the abatement and IA(Civil) No. 1187/2024 on 08.04.2024 for substitution of legal heirs of the deceased appellant i.e., Shri Suren Gogoi and when the above referred Interlocutory Applications came up before the Hon'ble Court on 15.05.2024, the Hon'ble Court vide Order dated 15.05.2024 issued notice upon the respondents/ defendants of RSA No. 260/2016 who are also the Respondents in the above referred three Interlocutory Applications. 4. That on 31.07.2024 when the matter came up before the Hon'ble Court with regard to service of notice with regard to above referred Interlocutory Applications, a report with regard to Respondent/ Defendant no. 6 Subal Hajong was submitted by the Government Gaon Bura (Village Head man) dated 25.06.2024 that Respondent/ Defendant No. 6 expired 6 (Six) years back. 5. That thereafter the applicants from the records of the Hon'ble High Court submitted by the Government Gaon Bura (Village Head man) dated 25.06.2024 came to knowledge about the death of Respondent/ Defendant No. 6 and thereafter the applicant no. 5 went to meet the Gaon Bura of the village who informed him about the truth that Subal Hajong expired about 6 (Six) years back and about which none of the family members of the applicants were aware of the same. 6. That thereafter the Applicant No. 4 went to meet one of the neighbors of Late Subal Hajong and from there the applicant could collect the date of death of Subal Hajong and the names of all the legal heirs of Subal Hajong and as such there has been 1960 days (One Thousand Nine. Hundred Sixty days) delay with regard to Respondent/Defendant No. 6 for filing the instant petition forcondonation of delay in filing the application for abetment and substitution. 7. That the delay in the presentation of the instant application is not at willful or intentional but the delay is caused due to the reasons which were beyond the capacity and control of the applicants as the applicants were completely unaware with regard to the death of Respondent/Defendant No. 6.” 7. Reading of the aforesaid grounds, it appears that the delay is not intentional and the grounds urged in the application appears to be Page No.# 6/6 sufficient and bona-fide. 8. That being so, the delay condonation application stands allowed. The delay of 1960 days stands condoned. 9. With the above observation and direction, the IA stands allowed and disposed of. JUDGE Comparing Assistant