Page No.# 1/5 GAHC010215202021 2025:GAU-AS:12748 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2249/2021 In CRP NO. 272/2013(D/O) ON THE DEATH OF HIRENDRA KUMAR BHATTACHARJEE HIS LEGAL HEIRS S/O LT. PRAFULLA KUMAR BHATTACHARJEE, R/O KAMAKHYA COLONY PANDU, GUWAHATI-12, DIST. KAMRUP METRO, ASSAM. 1.1: SMTI. HELEN BHATTACHARJEE W/O LATE HIRENDRA BHATTACHARJEE. RESIDENT OF KAMAKHYA COLONY PANDU P.O.- PANDU P.S.- JALUKBARI GUWAHATI-12 DISTRICT- KAMRUP(M) ASSAM. 1.2: BABUL KR. BHATTACHARJEE S/O LATE HIRENDRA BHATTACHARJEE. RESIDENT OF KAMAKHYA COLONY PANDU P.O.- PANDU P.S.- JALUKBARI GUWAHATI-12 DISTRICT- KAMRUP(M) ASSAM. 1.3: BANDANA PAL D/O LATE HIRENDRA BHATTACHARJEE. RESIDENT OF KAMAKHYA COLONY PANDU P.O.- PANDU Page No.# 2/5 P.S.- JALUKBARI GUWAHATI-12 DISTRICT- KAMRUP(M) ASSAM VERSUS ON THE DEATH OF SUSHIL CHANDRA DAS HIS LEGAL HEIRS USHA RANI DAS AND 7 ORS W/O LT. SUSHIL CHANDRA DAS, R/O KAMAKHYA NAGAR, HOUSE NO. 7, BYE LANE NO. 2 PANDU, GUWAHATI 781012, DIST. KAMRUP (M0, ASSAM. 2:MRIDUL KANTI DAS S/O LT. SUSHIL CHANDRA DAS R/O 192 SANTOSHPUR AVENUE KOLKATA 700075 WEST BENGAL 3:UJJAL KANTI DAS @ UJJAL DAS S/O LT. SUSHIL CHANDRA DAS R/O KAMAKHYA NAGAR HOUSE NO. 7 BYE LANE NO. 2 PANDU GUWAHATI 781012 ALSO AT BARA BAZAR DAS MARKET PANDU GUWAHATI 781012 4:MS. SIPA DAS D/O LT. SUSHIL CHANDRA DAS C/O SRI SISIR DAS P.O. SANTOSHPUR AVENUE KOLKATA 700075 5:SIKHA DATTA D/O LT. SUSHIL CHANDRA DAS C/O SUMIT DATTA NEW BARRACKPUR PIN 7000131 KOLKATA WEST BENGAL 6:MRS. KAKOLI DAS Page No.# 3/5 W/O LT. NIRMAL KANTI DAS S/O SUSHIL CHANDRA DAS PASSED AWAY ON 27/3/2016 7:GAURAV DAS S/O LT. NIRMAL KANTI DAS LATE NIRMAL KANTI DAS S/O SUSHIL CHANDRA DAS PASSED AWAY ON 27/3/2016 8:MASTER SAURAV DAS MINOR S/O LT. NIRMAL KANTI DAS BEING REPRESENTED BY HIS LEGAL GUARDIAN AND MOTHER MRS. KAKALI DAS RESPONDENT NO. 6 7 AND 8 ARE R/O KAMAKHYA COLONY PANDU GUWAHATI 781012 ASSAM Advocate for the Petitioner : MR P KATAKI, MR D CHAKRABORTY Advocate for the Respondent : MR. M K CHOUDHURY (R-3), MR. A BARKATAKI (R-3),MR P BHARDWAJ (R-3) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 17-09-2025 Heard Mr. D. Chakraborty, learned counsel for the applicant and Mr. M. Sharma, learned counsel for the respondent Nos. 1 to 8. 2. This is an application for setting aside the order dated 15.11.2021 dismissing the Civil Revision Petition No. 272/2013 for default. 3. It is submitted by Mr. Chakraborty, learned counsel that the CRP No. 272/2013 was fixed for hearing on two consecutive dates i.e., on 02.11.2021 and 11.11.2021, but the engaged counsel Mr. S. Khound could not appear in Page No.# 4/5 those two consecutive dates, as he was suffering from Covid as well as his wife was also admitted in the Health City Hospital for treatment and as such, he could not appear before this Court to proceed with the hearing. 4. However, another counsel was engage for the petitioner, namely, B. K. Bhattacharjee who hails from Agartala, but as the next fixed dated i.e., 15.11.2021 was not informed to the said counsel and he left for Agartala by boarding a train on 15.11.2021 at about 03:50 am in the morning to attend a medical emergency of his relative and for which he also booked the ticket on 07.11.2021. 5. It is further submitted by Mr. Chakraborty, learned counsel that due to the above mentioned circumstances, which are beyond the control of the counsel, counsel for the applicant, he could not appear on the dates fixed as a result by order dated 15.11.2021 the said petition was dismissed for default of applicant/appellant. 6. However, it is submitted that there was no intentional latches or negligence on the part of the present petitioner or the engaged counsel. It is only due to health issues of the engaged counsel the petitioner remained unrepresented on two consecutive dates fixed for hearing. 7. Mr. Sharma, learned counsel for the respondent Nos. 1 to 8 submitted in this regard that they could not file the written objection in this case as he could not make proper communication with the respondents. However, he submitted that the grounds which have been taken by the counsel for the applicant is admitted and he also admitted that during that period the engaged counsel Mr. Khound was suffering from Covid. 8. Mr. Sharma, learned counsel accordingly raised no objection in allowing Page No.# 5/5 the present application for restoration of the connected CRP No. 272/2013 which was dismissed for default on 15.11.2021 by this Court. 9. Considering the submissions made by learned counsel for both sides and also considering the grounds which have been mentioned in the petition as the reasonable and justified one, the present application is allowed and accordingly, the connected CRP No. 272/2013 is hereby restored to its original file. 10. Registry is directed to list the connected CRP No. 272/2013 for hearing after the ensuing Puja Vacation, on a date to be fixed by it. 11. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant