Page No.# 1/3 GAHC010206852024 2025:GAU-AS:11244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3188/2024 MALLIKA PAUL W/O LATE KAMAKHYA SAHA, R/O WARD NO 3, KHARUPETIA TOWN, PO AND PS KHARUPETIA, DIST DARRANG VERSUS SRI ALOK KUMAR BANTHIA AND 2 ORS E S/O SRI DHANRAJ BANTHIA R/O WARD NO 1, KHARUPETIA TOWN, PO AND PS KHARUPETIA, MOUZA PACHIM SIALMARI DIST DARRANG, ASSAM 2:SRI AMAR DEY S/O LATE UPEN DEY R/O WARD NO 7 KHARUPETIA TOWN PO AND PS KHARUPETIA DIST DARRANG ASSAM 3:SMTI. ANJANA SAHA W/O SRI UTTAM KR. SAHA R/O WARD NO 7 KHARUPETIA TOWN PO AND PS KHARUPETIA DIST DARRANG ASSA Advocate for the Petitioner : MR. D P CHALIHA, Advocate for the Respondent : MR C GOSWAMI, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 22.08.2025 1. Heard Mr. D.D Chaliha, learned Sr. Counsel assisted by Mr. M Roy, learned counsel for the applicant. 2. This is an application for condonation of delay of 160 days in filing the connected application. The present application has been filed in connection with substitution application which is I.A.(Civil)/3186/2024. 3. During the proceeding of the F.A.O, the appellant/defendant passed away on 13.09.2023. 4. Thereafter, the applicant had filed an application under Order 22 Rule 4 of the C.P.C for impleading the legal heirs of the deceased appellant/defendant of the said proceedings. 5. Since the deceased/appellant died on 13.09.2023, the application for substitution of legal heirs ought to have been filed within 29.12.2023 but there has been some delay in filing the application. 6. Ld. Senior counsel states that the delay of filing the same has been caused as the appellant had to wait to obtain next of kin certificate from the Office of the Commissioner, Darrang and the same was furnished to her only on 19.12.2023. It is therefore, submitted that the delay was not intentional and it was bonafide and there was no willful negligence on the part of the applicant. 7. The Court has considered the prayer of the petitioner and it is found that there is sufficient cause shown for the delay. Accordingly, the delay of 160 days in filing the substitution application is condoned and the application is allowed. 8. In terms of the above, the petition stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant