Page No.# 1/8 GAHC010066372019 2025:GAU-AS:11770 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1521/2019 KARUNA SARMA and 10 ORS S/O LATE LANKESWAR SARMA, R/O ALOKPUR, MOUZA-KHATA, P.S.- NALBARI, DIST-NALBARI, ASSAM, PIN-781337 (MILANPUR) 2: ON THE DEATH OF UDAY SARMA HIS LEGAL HEIRS 2.1: SMTI KALPANA DEVI W/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 2.2: SMTI LEELABATI DEVI D/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 2.3: SMTI GITANJALI DEVI D/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) Page No.# 2/8 2.4: SMTI MANJU DEVI W/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 2.5: PINKU SARMA S/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 2.6: NAYAN SARMA S/O LATE UDAY SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 3: ON THE DEATH OF GHANASHYAM SARMA HIS LEGAL HEIRS 3.1: SMTI PHULESWARI DEVI W/O LATE GHANASHYAM SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 3.2: PRANJAL SARMA S/O LATE GHANASHYAM SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) Page No.# 3/8 3.3: UMESH SARMA S/O LATE GHANASHYAM SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR) 4: SATISH SARMA S/O LATE LANKESWAR SARMA R/O ALOKPUR MOUZA-KHATA P.S.-NALBARI DIST-NALBARI ASSAM PIN-781337(MILANPUR VERSUS SON MALAKAR and 13 ORS S/O SRI KANDURA MALAKAR, VILL-BHUNYAR KUCHI, MOUZA- BATAHGILA, P.S. AND DIST-NALBARI, ASSAM, PIN-781337 2:SMTI DIPALI BHARALI W/O SRI KANAK BHARALI R/O BARAMA PUB-CHOWK COLLEGE ROAD MOUZA-NAMATI P.S.-BARAMA DIST-NALBARI ASSAM PIN-782346 3:MADHAB SARMA S/O LATE MANIK SARAMA VILL-MALIKUCHI MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781335 4:HAREKRISHNA SARMA S/O SARAT SARMA R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI Page No.# 4/8 ASSAM PIN-781337 5:JON SARMA S/O SARAT SARMA R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 6:MUN SARMA S/O SARAT SARMA R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 7:KALPANA TALUKDAR W/O SRI HEMEN BARMAN R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 8:GAJENDRA TALUKDAR S/O SRI SHUKHANA TALUKDAR R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 9:BIPIN MALAKAR S/O KHAGEN MALAKAR R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 10:BABUL MALAKAR S/O KHAGEN MALAKAR R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI Page No.# 5/8 ASSAM PIN-781337 11:HEMEN BARMAN S/O SRI NARAYAN BARMAN R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 12:BALDEV DAS S/O SRI NAMAL DAS R/O VILL-ALOKPUR MOUZA-KHATA P.S. AND DIST-NALBARI ASSAM PIN-781337 13:RAJEN KUMAR RAI S/O SRI BIRENDRA RAI VILL-BHUNYAR KUCHI MOUZA-BATAHGILA P.S. AND DIST-NALBARI ASSAM PIN-781337 14:SUNIL KUMAR RAI S/O SRI BIRENDRA RAI VILL-BHUNYAR KUCHI MOUZA-BATAHGILA P.S. AND DIST-NALBARI ASSAM PIN-78133 Advocate for the Petitioner : MR. R SARMA, MS. P BARMAN Advocate for the Respondent : MR. M CHOUDHURY, MR. A K CHOUDHURY,MR. C BAISHYA,MR. D CHOUDHURY Page No.# 6/8 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date :01.09.2025 1. Heard learned Counsel Mr. S.K.Goswami for the applicant/appellant and Ms. S.Sarma, learned counsel appearing on behalf of Mr. D. Choudhury, learned counsel for respondents. 2. By filing this interlocutory application under u/s 5 of the Limitation Act, 1963, the applicants have prayed for condoning delay of 622 days in filling the application for substitution of the legal heirs and representatives of deceased appellant No.3, Ghanashyam Sarma in RSA No. 100/2014 3. It is submitted on behalf of the applicant/appellant that earlier engaged counsel was Mr. R.S.Chauhan. After the appeal was listed for admission/hearing on 09.06.2014, several dates were also fixed for service report and notices were issued. Subsequently, on 30.09.2019, the appeal was transferred to the Lawazima Court regarding incomplete service of notice. The applicant engaged Mr. R.S.Chauhan and on verification, it was found that some other Advocates were dealing with the case and nothing was communicated to the applicants regarding the development of the case. Finding no other alternative, the applicants engaged Mr. R.Sarma, learned Advocate to defend the appeal before this Court. Therefore, Mr. R. Sarma, learned Advocate was engaged by the applicants and as no communication was received as regards the connected RSA/100/2014 from the earlier advocate, subsequently newly engaged counsel learnt regarding the death of appellant No.3, Ghanashyam Sarma on Page No.# 7/8 05.04.2017. Therefore, the instant application was filed for condoning the delay of 662 days in filing the application for substitution of the legal heirs and representatives of deceased appellant No.3, Ghanashyam Sarma in RSA No. 100/2014. 4. Learned counsel for the respondents has raised objection stating that the inexplicable delay was not justified by projecting proper and sufficient grounds by the applicants. It is submitted that the grounds relating to the appointment of newly engaged counsel is not sufficient to condone the inordinate delay of 662 days. The delay of six months in filing the application has also not been properly explained. 5. I have considered the submissions at the Bar with circumspection 6. It appears that there was no malafide on the part of the applicants. It appears that the grounds reflecting the cause of delay are sufficient. 7. Considering all aspects, I deem it appropriate to condone the delay of 662 days for substitution of the legal heirs of deceased appellant No.3, Ghanashyam Sarma in RSA No. 100/2014. 8. In terms of the above observation, the interlocutory application stands disposed of. 9. No order as to costs. 10. Applicants to amend the Cause Title in the connected RSA 100/2014 representing the legal heirs of Applicant/appellant no.3. JUDGE Page No.# 8/8 Comparing Assistant