Page No.# 1/2 GAHC010045032025 2025:GAU-AS:11781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1086/2025 GOBINDA CHANDRA PAUL S/O- LATE BRINDABAN CHANDRA PAUL, R/O- VILL- PAIKAN, P.O PAIKAN, DIST- HAILAKANDI, ASSAM VERSUS ON THE DEATH OF HIRAK JYOTI CHAKRABARTY (RESP. 16), HIS LEGAL HEIR, HIMANI CHAKRABARTY S/O LATE HIRAK JYOTI CHAKRABARTY, R/O- HAILAKANDI TOWN WARD NO 14, P.O- LAKHMISAHAR, CHAKRABARTY PARA, DIST- HAILAKANDI, ASSAM, PIN- 788151 Advocate for the Petitioner : MR H R A CHOUDHURY, MS S DAS,MR F U BARBHUIYA Advocate for the Respondent : MS. H G DAS, M M RAHMAN BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-09-2025 Heard learned counsel Mr. K.K. Dey for the applicant, who has filed this application under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 1075 (One Thousand and Seventy Five) days in filing Page No.# 2/2 the application for setting aside the abatement and substitution on the death of respondent No. 16 arrayed in RSA No. 249/2017. 2. It is submitted that the earlier engaged counsel of the appellant died. Thereafter, without the knowledge of the applicant/appellant, this case was proceeding. 3. Heard learned counsel Mr. S.K. Ghosh for the respondents No. 2, 3, 5, 6, 12, 17, 18, 19, 20 and 21 and learned counsel Mr. M.M. Rahman for the legal heirs of respondent No. 16. 4. It appears that there is no malafide on the part of the applicant/appellant. 5. Learned counsel for the respondents have no objection as the applicant has shown sufficient grounds. It is inevitable that when the engaged counsel expires, the clients will not be aware of the pendency of the proceeding. When the applicant learnt about the death of their engaged counsel, then the applicant learnt about their plight. 6. Considering all aspects, delay of 1075 (One Thousand and Seventy Five) days in filing the application for setting aside the abatement and substitution, is hereby condoned. 7. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant