Page No.# 1/3 GAHC010144342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./204/2025 MRINAL KR DAS S/O LATE AMBIKACHARAN DAS, R/O VILL. ABHAYAPURI TOWN, WARD NO. 1, (DHARMAPUR), P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM. VERSUS AALIUL ISLAM AND 5 ORS S/O LATE NUR BAKHTAR SHEIKH, VILL. ABHAYAURI TOWN, WARD NO. 4, (NEAR TENGNAMARI MOSQUE), P.O. AND P.S. ABHAYAPURI, DIST. BONGAIGAON, PIN 783384, ASSAM. 2:ON THE DEATH OF BASIR ALI S/O LT. SUKUR ALI 2.1:RAMENA KHATUN W/O LATE BASIR ALI 2.2:ABDUL KARIM S/O LATE BASIR ALI 2.3:RAHUL AMIN S/O LATE BASIR ALI 2.4:BOBITA AKHTAR D/O LATE BASIR ALI 2.5:BINIMA AKHTAR D/O LATE BASIR ALI NO. 2.1 TO 2.5 ARE THE R/O VILL. LALMATI GANESHPUR P.O. LALMATI P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN 78338 Page No.# 2/3 For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. A. K. Hussain, Advocate : Mr. C. Sharma, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.11.2025 Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the Review Petitioner and Mr. A. K. Hussain, the learned counsel appearing on behalf of the Respondent No.1. I have also heard Mr. C. Sharma, the learned counsel appearing on behalf of the Respondent Nos. 2.1 to 2.5. 2. The present application has been filed seeking review of the order dated 26.05.2025 passed in CRP(IO) No.124/2019 whereby this Court had dismissed the said application primarily on the ground that the counsel who represented the Petitioner was not aware as to how many witnesses had filed their examination-in-chief. 3. Ms. R. Choudhury, the learned counsel appearing on behalf of the Review Petitioner submits that on account of the fault of the counsel, this Court should not penalize the Petitioner inasmuch as it is an established principle of law that for the fault of the counsel, the parties should not suffer and it is under such circumstances, an error apparent on the face of the records coupled with a sufficient cause had arisen for the purpose of exercising the review jurisdiction of this Court. 4. Mr. A. K. Hussain, the learned counsel appearing on behalf of the Page No.# 3/3 Respondent No.1 and Mr. C. Sharma, the learned counsel appearing on behalf of the Respondent Nos. 2.1 to 2.5 have strenuously objected that no ground of review have been made out inasmuch as the review Petitioner has delayed the disposal of the suit. 5. This Court has perused the order dated 26.05.2025 passed in CRP(IO) No.124/2019 for which the instant review application has been filed. 6. It appears from the order dated 26.05.2025 passed in CRP(IO) No.124/2019 and more particularly paragraph No.6 that on account of the fault of the counsel, this Court has declined to exercise the supervisory jurisdiction of this Court. It is an established principle of law that on account of the fault of the counsel or even the mistake of the Court, the party should not suffer. It is therefore the opinion of this Court that the order dated 26.05.2025 passed in CRP(IO) No.124/2019 is required to be recalled for the ends of justice. 7. Accordingly, this Court therefore allows the instant review application thereby recalling the order dated 26.05.2025 passed in CRP(IO) No.124/2019. 8. CRP(IO) No.124/2019 is therefore restored to the file of this Court. 9. The review application therefore stands allowed. JUDGE Comparing Assistant