Page No.# 1/4 GAHC010102982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1808/2025 SMTI KAMALA DAS ALIAS KAMALA PRABHA DAS W/O- LATE BHOLANATH DAS RESIDENT OF VILLAGE- BARCHAPARI MOUZAHAJO DISTRICT- KAMRUP ASSAM (EARLIER RESIDED AT MALIGAON EAST GOTANAGAR MOUZA- JALUKBARI DISTRICT- KAMRUP(M) ASSAM VERSUS ON THE DEATH OF MAINA KALITA HER LEGAL HEIRS REPRESENTATIVES 1.1:ON THE DEATH OF SRI ARUP KALITA HIS LEGAL HEIRS. 1.1.1:MUNMI BARUAH KALITA W/O LATE ARUP KALITA RESIDENT OF VILLAGE AGCHIYA PS PALASHBARI DIST KAMRUP R ASSAM 1.1.2:NILAN KALITA S/O LATE ARUP KALITA RESIDENT OF VILLAGE AGCHIYA PS PALASHBARI Page No.# 2/4 DIST KAMRUP R ASSAM TO BE REP. BY MUNMI BARUAH KALITA 1.2:SRI SIMANTA KALITA S/O MAINA KALITA R/O VILL AGCHIYA PO AGCHIYA VIA PALASHBARI DISTRICT KAMRUP PIN 781128 1.3:SMTI JURI KALITA DAS D/O MAINA KALITA R/O SADAGARH PARA(JAMARTAL) PO MIRZA PS PALASHBARI DISTRICT KAMRUP PIN 781128 1.4:SRI JOGESH CHANDRA KALITA H/O MAINA KALITA R/O SADAGARH PARA(JAMARTAL) PO MIRZA PS PALASHBARI DISTRICT KAMRUP PIN 781128 2:SMTI JAMUNA KALITA W/O SHRI GIRISH KALITA OF VILL. MIRZA JAMARHAT P.S. PALASHBARI DIST. KAMRUP R ASSAM. 3:ON THE DEATH OF CHARU KALITA HER LEGAL HEIRS- NAMELY- 3.1:SRI RATUL KALITA S/O LATE CHARU KALITA R/O VILLAGE DHARAPUR (KOCHPARA) P.S. AZARA DISTRICT KAMRUP ASSAM 3.2:SRI MANOJ KALITA S/O LATE CHARU KALITA Page No.# 3/4 R/O VILLAGE DHARAPUR (KOCHPARA) P.S. AZARA DISTRICT KAMRUP ASSAM 3.3:SMTI JUNU KALITA D/O LATE CHARU KALITA R/O VILLAGE DHARAPUR (KOCHPARA) P.S. AZARA DISTRICT KAMRUP ASSAM 4:SMTI MINU KALITA W/O SHRI DWIPEN DAS OF VILL. JALUKBARI LONKESWAR P.S. JALUKBARI DIST. KAMRUP M ASSAM. ------------ Advocate for : MR M HUSSAIN Advocate for : MS P SARMA appearing for ON THE DEATH OF MAINA KALITA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 03.06.2026 Heard Mr. N. Hoque, learned counsel for the applicant and Ms. P. Sarma, learned counsel appearing for the respondent. 2. This is an application filed under Order XXII Rule 9 of the Code of Civil Procedure seeking setting aside of abatement of the appeal in respect of deceased respondent No. 1.1. 3. It is submitted that the appeal had abated due to the death of respondent No. 1.1, and that the legal representatives could not be substituted within the prescribed period as the information regarding the death was received belatedly. It is further submitted that delay in taking necessary steps Page No.# 4/4 occurred for reasons beyond the control of the applicant. 4. Heard the learned counsel for the applicant as well as the learned counsel for the respondent. 5. By an order passed today in the connected application under Section 5 of the Limitation Act, whereby the delay of 129 days in filing the application for setting aside abatement and substitution of the legal representatives of respondent No. 1.1 has been condoned, this Court is of the considered opinion that sufficient cause has been shown for setting aside the abatement. 6. Accordingly, the abatement of the appeal, so far as it relates to deceased respondent No. 1.1, is hereby set aside. 7. The appeal shall now proceed in accordance with law after substitution of the legal representatives of respondent No. 1.1. 8. This application stands disposed of. JUDGE Comparing Assistant