Page No.# 1/4 GAHC010102982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1805/2025 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 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 Page No.# 2/4 PS PALASHBARI 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 Page No.# 3/4 S/O LATE CHARU KALITA 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. By filing this application under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 129 days beyond the period of limitation in filing the application for setting aside abatement and substitution of the legal representatives of respondent No. 1.1. 3. It is submitted that the deceased respondent No. 1.1 died on 24.08.2024, however, the information regarding the death was received only on Page No.# 4/4 05.02.2025. It is further submitted that thereafter, some time was consumed in collecting the necessary particulars of the legal representatives of the deceased respondent and by the time the application could be filed, the delay had already occurred. 4. Heard the learned counsel for the applicant as well as the learned counsel for the respondent. 5. Upon consideration of the submissions made, this Court is of the view that the applicant has been able to show sufficient cause for condoning the delay of 129 days in filing the application for setting aside abatement and substitution of the legal representatives of respondent No. 1.1. 6. Accordingly, the delay stands condoned. 7. It may be mentioned that in the meantime, the substituted respondent no.1.1 has died for that a separate order has been passed in the connected application. 8. Accordingly, this application stands disposed of. JUDGE Comparing Assistant