Page No.# 1/5 GAHC010214722024 2025:GAU-AS:13897 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4082/2024 SMTI PREMI DEMTA W/O LATE ABINASH CHRISTIAN, D/O LATE SILAS CHRISTIAN, PIN 786156 2: ELIAZAR BHENGRA R/O UDALGURI GAON P.O. RANGCHANGI P.S. TENGAKHAT DIST. DIBRUGARH ASSAM PIN 78615 VERSUS LEGAL HEISR OF RAMJI SHAH LABA KUMAR SHAH and ORS 1.1:SRI LABA KUMAR SHAH S/O LATE RAMJI KUMAR SHAH R/O UDLAGURI GAON P.O RANGCHANGI PS. TENGAKHAT DISTRICT DIBRUGARH PIN 786103 ASSSAM 1.2:SRI ASHOK KUMAR SHAH S/O LATE RAMJI KUMAR SHAH R/O UDLAGURI GAON P.O RANGCHANGI PS. TENGAKHAT DISTRICT DIBRUGARH PIN 786103 ASSSAM Page No.# 2/5 2:THE STATE OF ASSAM REPRESENTED BY THE DEPUTY COMMISSIONER DIST. DIBRUGARH ASSAM PIN 786156 3:THE CIRCLE OFFICER CHABUA REVENUE CIRCLE CHABUA DIST. DIBRUGARH ASSAM PIN 786156 4:GENERAL MANAGER OIL INDIA LTD. DULIAJAN DIST. DIBRUGARH ASSAM PIN 78615 Advocate for the Petitioner : MR. B K BHAGAWATI, Advocate for the Respondent : , In Case : RSA/66/2018 SRI MARCUS CHRISTIAN and 3 ORS R/O C/O ROSE MARRY LOWA KHOBANG TEA ESTATE HOSPITAL P.O. TALAP P.S. DOOMDOOMA DIST. TINSUKIA ASSAM PIN 786156 2: SMTI PREMI DEMTA W/O LATE ABINASH CHRISTIAN D/O LATE SILAS CHRISTIAN PIN 786156 3: ELIAZAR BHENGRA Page No.# 3/5 R/O UDALGURI GAON P.O. RANGCHANGI P.S. TENGAKHAT DIST. DIBRUGARH ASSAM PIN 786156 4: NIYARAM MINZ R/O UDALGURI GAON P.O. RANGCHANGI P.S. TENGAKHAT DIST. DIBRUGARH ASSAM PIN 786156 VERSUS SRI RAMJI SHAH and 3 ORS R/O UDALGURI GAON P.O. RANGCHANGI P.S. TENGAKHAT DIST. DIBRUGARH ASSAM PIN 786156 2:THE STATE OF ASSAM REPRESENTED BY THE DEPUTY COMMISSIONER DIST. DIBRUGARH ASSAM PIN 786156 3:THE CIRCLE OFFICER CHABUA REVENUE CIRCLE CHABUA DIST. DIBRUGARH ASSAM PIN 786156 4:GENERAL MANAGER OIL INDIA LTD. DULIAJAN DIST. DIBRUGARH ASSAM PIN 786156 ------------ Advocate for : MR. B K BHAGAWATI Advocate for : MR. A W AMAN appearing for SRI RAMJI SHAH and 3 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.10.2025 1. Heard Mr. B.K. Bhuyan, the learned counsel for the applicants. Also heard Md. A. Rahman, the learned counsel for the respondent No. 1 as well as Mr. N. Sarania, the learned counsel on behalf of Mr. A. Sarma for the respondent No. 4 as well as Mr. T.R. Gogoi, the learned counsel for the respondent Nos. 2 and 3. 2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants praying for condoning the delay of 796 days in filing appropriate application for setting aside abatement as well as for substituting the legal heirs of the respondent No. 1 beyond the prescribed period of limitation. 3. The learned counsel for the applicant has submitted that the grounds for approaching this Court belatedly after a gap of 796 days has been stated by the applicant in paragraph Nos. 4,5,6,7 and 8 of the application for condonation of delay . 4. The learned counsel for the respondents considering the grounds shown by the applicant do not oppose the prayer for condonation of the delay. 5. This Court, accordingly, considering the ground shown by the applicant in the application to be sufficient grounds which prevented the applicants from approaching this Court within the prescribed period of limitation as well as the fact that the application has not been opposed by the respondents allows the same and condone the delay of 796 days in filing the application for setting aside abatement as well as substitution of the legal heirs of the respondent No. 1. Page No.# 5/5 6. This Interlocutory Application (Civil) is accordingly disposed of. JUDGE Comparing Assistant