Page No.# 1/3 GAHC010003152012 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4174/2025 ON THE DEATH OF RAMELA KHATUN HER LEGAL HEIRS 1.1: RUKIA BEGUM W/O SHAHIDUL ISLAM RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.2: GAFUR ALI S/O RUSTAM ALI RESIDENT OF VILLAGE SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI ASSAM BTR ASSAM 784525 1.3: NURJAHAN BEGUM W/O JULFIKAR ALI RESIDENT OF VILLAGE NO. 2 SINGRIMARI PO AND PS KALAIGAON DIST UDALGURI Page No.# 2/3 BTR ASSAM 784525 1.4: RAHIMA BEGUM (WIDOW) D/O RUSTAM ALI RESIDENT OF SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.5: NAZRUL ALI S/O RUSTAM ALI RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 VERSUS LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM 2:SRI PRADIP KR. SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM ------------ Advocate for : MD S HUSSAIN Advocate for : MR. A R SIKDAR appearing for LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.01.2026 Heard Mr. S. Hussain, learned counsel for the applicant and Mr. A. Hussain, learned counsel for the opposite party. 2. This application, under Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 936 days in preferring the connected substitution application. 3. The learned counsel for the applicant submits that the appellant No. 5, in RSA No. 22/2012, suffered demise during the Covid period and the same has not been informed to the applicant herein and for which, the substitution petition could not be filed in time and that the delay is not intentional, rather it is circumstantial and therefore, it is contended to allow this petition. 4. The learned counsel for the opposite party submits that he has no objection in the event of allowing this application. 5. Considering the submissions of learned counsel for both the parties and also considering the explanation so forthcoming for delay of 936 days in preferring the substitution petition, this Court is inclined to allow this application and accordingly, the said delay stands condoned. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant