Page No.# 1/4 GAHC010238402025 2026:GAU-AS:189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3789/2025 ON THE DEATH OF PRADIP CHAKRABORTY HIS LEGAL HEIRS ARATI CHAKRABORTY WIFE OF LATE PRADIP CHAKRABORTY, RESIDENT OF PRINCE ROAD, SONAI ROAD, PS- SILCHAR, DISTRICT- CACHAR, ASSAM 2: MISS PUJA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM 3: MISS PRIYA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSA VERSUS SHRI BIPRAJIT CHAKRABORTY SON OF LATE BIDHU BHUSAN CHAKRABORTY, RESIDENT OF GUNOMOYEE ROAD, TARAPURSILCHAR TOWN PS- SILCHAR DISTRICT- CACHAR, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. S K CHAKRABORTY,MRS. A CHAKRABORTY,MR. B CHAKRABORTY Page No.# 2/4 Advocate for the Respondent : MR. S K GHOSH, Linked Case : RFA/123/2019 SHRI PRADIP CHAKRABORTY S/O- LATE JADAV CHAKRABORTY PRINCE ROAD SONAI ROAD P.S. SILCHAR DIST.- CACHAR ASSAM. VERSUS SHRI BIPRAJIT CHAKRABORTY S/O- LATE BIDHU BHUSAN CHAKRABORTY GUNOMOYEE ROAD TARAPUR SILCHAR TOWN P.S. SILCHAR DIST.- CACHAR ASSAM PIN- 788001. ------------ Advocate for : MR. P K ROY Advocate for : MR. S K GHOSH appearing for SHRI BIPRAJIT CHAKRABORTY BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.01.2026 Heard Mr. R. Chakraborty, learned counsel for the applicants and Mr. S. K. Ghosh, learned counsel for the opposite party. 2. This interlocutory application, under Section 5 of the Limitation Act, is Page No.# 3/4 preferred by the applicants for condonation of delay of 219 days, in preferring the application for setting aside abatement. 3. Mr. Chakraborty, learned counsel for the applicants submits that Mr. Pradip Chakraborty, the appellant in RFA No. 123/2019, had suffered demise on 20.10.2024, leaving behind three legal heirs, namely, Ms. Arati Chakraborty, Ms. Puja Chakraborty and Ms. Priya Chakraborty; and the aforementioned legal heirs are required to be brought on record by filing a substitution petition. But, there has already been a delay of 219 days in preferring the substitution petition and the cause of delay has been explained in paragraph Nos. 3 & 4 of the petition. 3.1 Further, Mr. Chakraborty submits that Mr. Pradip Chakraborty, the appellant in RFA No. 123/2019, was suffering from Cancer and was undergoing treatment at Madras and Calcutta, and ultimately, he suffered demise on 20.10.2024 and as such, there is a requirement for bringing on record the legal heirs of late Mr. Pradip Chakraborty, and that the applicants were not aware about the pending cases and after contacting one of their counsel, they came to know about the status of the case, and that the delay in preferring the application is not intentional, but rather, circumstantial and under such circumstances, he has contended to allow this petition. 4. Mr. Ghosh, learned counsel for the opposite party submits that he has no objection in the event of allowing this petition. 5. Accordingly, taking note of the submissions of the learned counsel for both the parties and also considering the explanations put forward for the delay of 219 days in preferring the setting aside abatement petition, this Court is inclined to allow this application. 6. The delay of 219 days in preferring the substitution petition and setting aside the abatement is allowed. Page No.# 4/4 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant