Page No.# 1/4 GAHC010193282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2899/2025 MUSTT ALEKA BANU AND ORS W/O LATE PYAR HUSSAIN, RESIDENT OF RUPOHI TOWN, MOUZA KHATOWAL DIST NAGAON (ASSAM) 2: MD. ASHADUL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 3: MD. MUKSHADUL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 4: MD. JIBAHIL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM VERSUS ON THE DEATH OF RAFIQULLAH DEWAN ORS HIS LEGAL HEIRS 1.1:DILWAR HUSSAIN DEWAN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.2:MUKTAR HUSSAIN DEWAN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.3:MANZILA KHATUN RESIDENT OF RUPOHI TOWN Page No.# 2/4 MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.4:ABEDA KHATUN ALL ARE RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 782125 2:ON THE DEATH OF MD. MUSSTT. KULSUM BIBI HER LEGAL HEIRS 2.1:MD. JAFAR HUSSAIN S/O LATE MD. MUSSTT. KULSUM BIBI RESIDENT OF NORTH DIMRUPAR PO KOPAH BARI PS MURAJAR NILBAGAN DIST HOJAI ASSAM 782445 2.2:MD. TAPAZUL HUSSAIN S/O LATE MD. MUSSTT. KULSUM BIBI RESIDENT OF NORTH DIMRUPAR PO KOPAH BARI PS MURAJAR NILBAGAN DIST HOJAI ASSAM 782445 2.3:MUSST. FIROZA KHATUN D/O LATE MD. MUSSTT. KULSUM BIBI RESIDENT OF NORTH DIMRUPAR PO KOPAH BARI PS MURAJAR NILBAGAN DIST HOJAI ASSAM 782445 2.4:MUSST. AFIA KHATUN D/O LATE MD. MUSSTT. KULSUM BIBI RESIDENT OF NORTH DIMRUPAR PO KOPAH BARI PS MURAJAR NILBAGAN DIST HOJAI ASSAM 78244 Page No.# 3/4 Advocate for the Petitioner : MR. D MOZUMDER, MR. P BORAH Advocate for the Respondent : MR. A R BHUYAN, MR. N HOQUE,MR N A MAZARBHUIYA,MR N Z CHOUDHURY BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.01.2026 Heard Ms. K. Bharali, learned counsel for the applicants and Mr. N.Z. Choudhury, learned counsel for the opposite party No. 1. 2. This application, under Section 5 of the Limitation Act, is preferred by the applicants for condoning the delay of 2790 days in preferring the connected substitution application on account of death of respondent No. 2. 3. Ms. Bharali, learned counsel for the applicant submits that in respect of substitution of legal heirs in place of respondent No. 2, in RSA No. 398/2018, the delay of 2790 days occurred. Ms. Bharali also submits that the appellant informed her regarding demise of respondent No. 2 only in the month of February, 2025 and for which, the delay of 2790 days occurred in preferring the substitution application. Ms. Bharali further submits that the said delay is not intentional, rather it is circumstantial and the same has been explained in paragraph Nos. 5 – 8 and therefore, it is contended to allow this petition. 4. The learned counsel for the opposite party No. 1 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 2790 days in Page No.# 4/4 preferring the substitution applications, 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