Page No.# 1/5 GAHC010250662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3731/2025 ON THE DEATH OF SRI INDESWAR GOGOI THE PETITIONER NO 22 HIS LEGAL HEIRS SMTI DIPALI DUTTA GOGOI WIFE OF LATE INDESWAR GOGOI RESIDENT OF VILLAGE JOYAPUR, SEPON, MAHMORA, PO SEPON S.O, PS MORANHAT PS, DIST CHARAIDEO, ASSAM. 2: SMTI MUNMI GOGOI DAUGHTER OF LATE INDESWAR GOGOI. BOTH ARE LEGAL HEIRS OF THE DECEASED PETITIONER LATE INDESWAR GOGOI AND PERMANENT RESIDENT OF VILLAGE JOYAPUR SEPON MAHMORA. P.O SEPON S.O. P.S MORANHAT PS DISTRICT CHARAIDEO. ASSAM VERSUS MR PRITOM SAIKIA THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION ELEMENTARY DAPTT., DISPUR, GUWAHATI-6, ASSAM 2:MR SIMANTA THAKURIA THE COMMISSIONER AND SECRETARY FINANCE EC IIIDEPARTMENT GOVT OF ASSAM DISPUR GUWAHATI-781006 ASSAM 3:MR SANJIB KR BHUYAN THE DIRECTOR ELEMENTARY EUCATION ASSAM KAHILIPARA GUWAHATI -1 4:SRI NARAYAN KONWER Page No.# 2/5 THE DEPUTY COMMISSIONER SIVASAGAR DISTRICT ASSAM 5:SHRI PRABIN SARMA THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR P.O. P.S. AND DIST. - SIVASAGAR. ASSAM 6:SHRI GUKUL TASA THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEOSONARI P.O SONARI DIST-SIVASAGAR ASSAM 7:SHRI SATYAJIT KAR THE BLOCK ELEMENTARY EDUCATION OFFICER KHELUA CHARAIDEOSONARI SUB-DIVISION P.OSONARI DIST-SIVASAGAR ASSAM 8:SHRI PRABIN BARUAH THE BLOCK ELEMENTARY EDUCATION OFFICER CHARAIDEOSEPON CHARAIDEO SONARI SUB-DIVISION P.OSONARI DIST- SIVASAGAR ASSAM 9:SRI TRAILUKYA DAS THE TREASURY OFFICER CHARAIDEO SONARI. P.O SONARI DIST.- SIVASAGAR ASSAM. PIN-785690. 10:MR NARAYAN KONWER IAS THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION ASSAM. DISPUR GUWAHATI-781006. 11:MR JAYANTA NARLIKAR THE COMMISSIONER AND SECRETARY FINANCE EC IIIDEPARTMENT GOVT OF ASSAM DISPUR GUWAHATI ASSAM. PIN-781006 12:MRS SURANJANA SENAPATI THE DIRECTOR ELEMENTARY EUCATION Page No.# 3/5 ASSAM KAHILIPARA GUWAHATI 19 13:DR NEHA YADAV THE DISTRICT COMMISSIONER CHARAIDEO DISTRICT ASSAM. PIN-785690 14:SMTI BINTI SARMA THE DISTRICT ELEMENTARY EDUCATION OFFICER CHARAIDEO DIST. - CHARAIDEO. ASSAM PIN-785690 15:SRI PRONOB GOGOI THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEOSONARI P.O SONARI DIST-CHARAIDEO. ASSAM PIN-785690 16:SMTI REKHAMONI BORUAH THE BLOCK ELEMENTARY EDUCATION OFFICER KHELUA BLOCK CHARAIDEOSONARI SUB-DIVISION P.OSONARI DIST- CHARAIDEO ASSAM. PIN-785701 17:SHRI PRONOB GOGOI THE BLOCK ELEMENTARY EDUCATION OFFICER I/C SEPON BLOCK DIST-CHARAIDEO ASSAM. PIN-785673 18:SMTI GITASHREE BORAH THE TREASURY OFFICER CHARAIDEO SONARI. P.O SONARI DIST.- CHARAIDEO. ASSAM. PIN-78569 Advocate for the Petitioner : MR. S F CHISTIE, MR. M U AHMED Advocate for the Respondent : GA, ASSAM, SC, EDU,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Page No.# 4/5 24.11.2025 Heard Mr. M. U. Ahmed, learned counsel for the applicants. Also heard Mr. S. M. T. Chistie, learned counsel for the OPs. This application under Section 5 of the Limitation Act, 1963 is preferred by the applicants for condonation of delay of 43 days in preferring the substitution petition for impleading the legal representative of Late Indeswar Gogoi, the petitioner No.22 in the connected Contempt Case (C) No.209/2017. Mr. Ahmed, learned counsel for the applicants submits that the applicants have not received salaries for last 13/14 years and due to economic hardships the applicants could not approach this Court for substitution of the legal heirs of the petitioner No.22 in Contempt Case (C) No.209/2017 and the delay is not deliberate, rather, it is circumstantial and under such circumstances he has contended to allow this application. Mr. Chistie, learned counsel for the OPs submits that he has no objection in the event of allowing this application. Accordingly, taking note of the submissions of learned counsel for both the parties and also taking note of the explanations so forthcoming for the delay of 43 days in preferring the connected substitution application, this Court is inclined to allow this application. The delay of 43 days in filing the connected petition for substitution Page No.# 5/5 of the legal heirs of Late Indeswar Gogoi stands condoned. The I.A. stands disposed of. JUDGE Comparing Assistant