Page No.# 1/4 GAHC010229322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3371/2025 CHANDAN PAUL CHOUDHURY ALIAS MANOJ PAUL CHOUDHURY S/O - LATE MAKHAN LAL PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN P.O - DHUBRI DISTRICT - DHUBRI ASSAM PIN 783301 2: ON THE DEATH OF TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY HIS LEGAL HEIRS R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN P. DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. 2.1: 2 1 SMTI PUSHPALATA PAUL CHOUDHURY W/ O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN P. DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. 2.2: 2 2 MANOJIT PAUL CHOUDHURY S/O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 Page No.# 2/4 P.M DUTTA ROAD DHUBRI TOWN .O DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. 2.3: 2 3 BINAYAK PAUL CHOUDHURY S/O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN . - DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. VERSUS ON THE DEATH OF DIBAKAR MAZUMDAR HIS LEGAL HEIRS SMTI SOMA MAZUMDAR AND ORS W/O LATE DIBAKAR MAZUMDAR RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301 2:DIPANKAR MAZUMDAR S/O - LATE DIBAKAR MAZUMDAR. RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301. 3:SMTI RANJU MAZUMDAR W/O BHOLA MAZUMDAR RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI Page No.# 3/4 DISTRICTDHUBRI ASSAM PIN - 783301. 4:SMTI SONALI MAZUMDAR W/O MRIDUL MAZUMDAR RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301. ------------ Advocate for : MS. P SAHARIA Advocate for : MR G N SAHEWALLA appearing for ON THE DEATH OF DIBAKAR MAZUMDAR HIS LEGAL HEIRS SMTI SOMA MAZUMDAR AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.04.2026 Heard Ms. P. Saharia, learned counsel for the applicant and Ms. K. Bhattacharyya, learned counsel for the opposite party No. 3. 2. This application, under Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 1000 days in preferring the application for setting aside the abatement of the connected CRP against the respondent No. 3. 3. Ms. Saharia, learned counsel for the applicant submits that she was not aware of the death of respondent No. 3 and that the learned counsel for the opposite parties has furnished the information on 19.09.2025 and that the said instruction is placed on record at page No. 11. Ms. Saharia further submits that the delay is not intentional, rather it is circumstantial and therefore, it is contended to Page No.# 4/4 allow this petition. 4. On the other hand, Ms. Bhattacharyya, learned counsel for the opposite party No. 3, submits that she has no objection. 5. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this application. 6. Accordingly, the delay of 1000 days in filing the application for setting aside the abatement of the connected CRP against the respondent No. 3, stands condoned. 7. In terms of above, this IA stands disposed of. JUDGE Comparing Assistant