02.09.2025 (D/L 231) Ct.-446 (Susanta/ Samar) CO 3503 of 2013 With IA No.: CAN 1 of 2017 (Old CAN No. 9758 of 2017) IA No.: CAN 4 of 2024 IA No.: CAN 6 of 2025 IA No.: CAN 7 of 2025 Sk. Saidul Haque & Ors. Vs. Lutfunessa Bibi & Ors. Mr. Sila Sarkar, …. For the Petitioner. Mr. S. S. Arfin, …. For the O.P. No. 3. 1. Affidavit-of-service filed by the petitioners as per the order passed by this Court, let it be kept with the record. 2. This is an application being CAN 7 of 2025 for substitution upon setting aside abatement upon condonation of delay. 3. The revisional application was filed in the year 2013 and during the pendency of the revisional application, the opposite party no. 2 Meherunessa Bibi died intestate on 7th August, 2015 leaving behind the legal heirs and representatives as marked 3(a) to (f) in this petition. 4. The application for restoration was taken up for hearing on 22nd of May, 2025 then it was detected 2 that some of the opposite parties have died. Subsequently, on 16th of June, 2025 by a letter dated 10th June, 2025 supplied all the particulars. 5. After getting such intimation, the learned advocate informed the petitioner no. 3, who is looking after the matter on behalf of all the petitioners and filed the application for substitution after setting aside abatement upon condonation of delay. 6. It transpires that Meherunessa Bibi died intestate on 7th August, 2015 and the date of knowledge of her death came to the knowledge of the petitioner on 16th June, 2025 and, therefore, there has been delay of 2400 days in making the instant application. 7. Accordingly, the learned advocate representing the petitioners submits that the proceeding has been abated against the opposite party no. 2 but unless it is set aside, the learned advocate of the deceased will not be in a position to substitute and will suffer irreparable loss and injury. 8. The copy of the application be served upon the opposite party no. 3, who has raised no objection about this setting aside of abatement. 9. In this case, the direction was also given to serve the copy of the revisional application upon those proposed substituted legal heirs and to that extent the postal track record has been filed before this 3 Court which shows that the same has been received on 22nd August, 2025. 10. Therefore, in view of the short period of time, since nobody is representing the other opposite parties, this Court refrains from passing any order of setting aside abatement at this stage without hearing the opposite parties. 11. Let the matter appear in the Combined Monthly List of November, 2025 under the heading hearing. (Chaitali Chatterjee (Das), J.)