Page No.# 1/4 GAHC010048802026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/3244/2025 ON THE DEATH OF LATE SUBHASH DEBNATH HIS LEGAL HEIRS JAYATI DEBNATH AND ANR WIFE OF LATE SUBHASH DEBNATH RESIDENT OF HOUSE NO 57 PRAGJYOTISH NAGAR BG COLONY MALIGAON GUWAHATI DISTRICT KAMRUP METRO 2: DHANAJIT DEBNATH SON OF LATE SUBHASH DEBNATH RESIDENT OF HOUSE NO 57 PRAGJYOTISHNAGAR BG COLONY MALIGAON GUWAHATI DISTRICT KAMRUP METRO 781012 VERSUS JITENDRA KUMAR ROY AND ORS SON OF LATE JAMINI ROY RESIDENT OF PRAGJYOTISH NAGAR BYE LANE 2 MALIGAON GUWAHATI DISTRICT KAMRUP METRO ASSAM 2:SRI SIBU ROY SON OF SRI BIMAL ROY RESIDENT OF FATASIL GS COLONY GUWAHATI DISTRICT KAMRUP METRO ASSAM 3:MD IFTIKAR ALI SON OF MD IBRAHIM ALI RESIDENT OF VILLAGE NORTH JALUKBARI KATIA DALLANG GUWAHATI DISTRICT KAMRUP METRO ASSAM 4:MUSTT NAFISA BEGUM WIFE OF MD IFTIKAR ALI RESIDENT OF VILLAGE NORTH JALUKBARI KATIA DALLANG GUWAHATI DISTRICT KAMRUP METRO ASSAM 5:THE BRANCH MANAGER UNITED COMMERCIAL BANK RAJGARH ROAD BRANCH KUSUM MANSION BHANGAGAR GUWAHATI KAMRUP METRO ASSAM ------------ Advocate for : MR S BHARALI Advocate for : MR. M DUTTA appearing for JITENDRA KUMAR ROY AND ORS Page No.# 2/4 Linked Case : RFA/125/2018 SRI SUBASH DEB NATH S/O- LT NIBARAN DEBNATH R/O- PRAGJYOTISHNAGAR B.G. COLONY MALIGAON GHY-12 DIST- KAMRUP (M) VERSUS JITENDRA KUMAR ROY AND 4 ORS S/O- LT JAMINI ROY R/O- PRAGJYOTISH NAGAR BYE LANE 2 MALIGAON GHY-11 DIST- KAMRUP (M) ASSAM 2:SRI SIBU ROY S/O- SRI BIMAL ROY R/O- FATASIL G.S.COLONY GHY-9 DIST- KAMRUP (M) ASSAM 3:MD. IFTIKAR ALI S/O- MD. IBRAHIM ALI R/O- VILL- NORTH JALUKBARI KATIA DALLANG GHY-14 DIST- KAMRUP (M) ASSAM 4:MUSTT. NAFISA BEGUM W/O- MD. IFTIKAR ALI R/O- VILL- NORTH JALUKBARI KATIA DALLANG GHY-14 DIST- KAMRUP (M) Page No.# 3/4 ASSAM 5:THE BRANCH MANAGER UNITED COMMERCIAL BANK RAJGARH ROAD BRANCH KUSUM MANSION BHANGAGARH GHY-5 DIST- KAMRUP (M) ASSAM ------------ Advocate for : MR N DUTTA Advocate for : MR. M DUTTA (R1 R2) appearing for JITENDRA KUMAR ROY AND 4 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28-08-2026 Heard Mr. B Baruah, learned counsel appearing for the applicant. also heard Mr. M. Dutta, learned counsel representing the respondents. This application has been filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay 825 days in preferring the application for setting aside the abatement in respect of death of the appellant. It has been submitted that the appellant Subash Deb Nath was looking after his ailing and bed ridden wife and that is why the delay took place. It may be stated that Subash Deb Nath also died subsequently. Mr. Dutta has objected to the prayer made by Mr. Baruah and submitted that the statements made in this application are untrue. I have considered the submissions made by the learned counsel for both sides. It is a settled position of law that while considering a prayer for condonation of delay under Section 5 of the Limitation Act, Courts are not required to take strict approach and going by that, this Court has decided to condone the delay in preferring the application for setting aside the abatement in respect of death of the appellant. Page No.# 4/4 The abatement is set aside accordingly. The interlocutory application is disposed of. JUDGE Comparing Assistant