Page No.# 1/6 GAHC010050412020 2026:GAU-AS:6989 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Civil)/773/2020 THE ASSAM POWER DISTRIBUTION COMPANY LTD. and ANR A SUCCESSOR COMPANY OF ERSTWILE ASSAM STATE ELECTRICITY BOARD REPRESENTED BY ITS CHIEF GENERAL MANAGER (HR) ASSAM POWER DISTRIBUTION CO. LTD. BIJULEE BHAWAN PALTAN BAZAR GUWAHATI 1 2: ELECUTIVE ENGINEER ASSAM STATE ELECTRICITY BOARD ELECTRICAL DIVISION BHALUKDUBI GOALPARA NOW REDESIGNATED AS ASSTT. GENERAL MANAGER ASSAM POWER DISTRIBUTION CO. LTD. BHALUKDUBI GOALPARA ASSAM. VERSUS ON THE DEATH OF KISHORILAL PODDAR HIS LEGAL HEIRS LALIT KUMAR PODDAR AND ANR S/O LATE KISHORILAL PODDAR C/O KISHORILAL PODDAR AND SONS PANCHARATNA ROAD GOALPARA ASSAM PIN 2:DEEPAK KUMAR PODDAR S/O LATE KISHORILAL PODDAR C/O KISHORILAL PODDAR AND SONS Page No.# 2/6 PANCHARATNA ROAD GOALPARA ASSAM PIN ------------ Advocate for : MR B D DAS Advocate for : appearing for ON THE DEATH OF KISHORILAL PODDAR HIS LEGAL HEIRS LALIT KUMAR PODDAR AND ANR Linked Case : CRP/76/2015 THE ASSAM POWER DISTRIBUTION COMPANY LTD. and ANR A SUCCESSOR COMPANY OF ERSTWHILE ASSAM STATE ELECTRICITY BOARD REP. BY ITS CHIEF GENERAL MANAGER HR ASSAM POWER DISTRIBUTION CO. LTD. BIJULEE BHAWAN PALTAN BAZAR GHY- 1. 2: THE EXECUTIVE ENGINEER ASSAM STATE ELECTRICITY BOARD ELECTRICAL DIVISION BHALUKDUBI GOALPARA NOW REDESIGNATED AS ASSTT. GENERAL MANAGER ASSAM POWER DISTRIBUTION COMPANY LTD BHALUKDUBI GOALPARA ASSAM. VERSUS KISHORILAL PODDAR S/O- LT. THAKISI DAS PODDAR PANCHARATNA ROAD GOALPARA TOWN P.O. and DIST.- GOALPARA ASSAM. ------------ Advocate for : MR.H K SARMA Advocate for : appearing for KISHORILAL PODDAR Page No.# 3/6 Linked Case : I.A.(Civil)/773/2020 THE ASSAM POWER DISTRIBUTION COMPANY LTD. and ANR A SUCCESSOR COMPANY OF ERSTWILE ASSAM STATE ELECTRICITY BOARD REPRESENTED BY ITS CHIEF GENERAL MANAGER (HR) ASSAM POWER DISTRIBUTION CO. LTD. BIJULEE BHAWAN PALTAN BAZAR GUWAHATI 1 2: ELECUTIVE ENGINEER ASSAM STATE ELECTRICITY BOARD ELECTRICAL DIVISION BHALUKDUBI GOALPARA NOW REDESIGNATED AS ASSTT. GENERAL MANAGER ASSAM POWER DISTRIBUTION CO. LTD. BHALUKDUBI GOALPARA ASSAM. VERSUS ON THE DEATH OF KISHORILAL PODDAR HIS LEGAL HEIRS LALIT KUMAR PODDAR AND ANR S/O LATE KISHORILAL PODDAR C/O KISHORILAL PODDAR AND SONS PANCHARATNA ROAD GOALPARA ASSAM PIN 2:DEEPAK KUMAR PODDAR S/O LATE KISHORILAL PODDAR C/O KISHORILAL PODDAR AND SONS PANCHARATNA ROAD GOALPARA ASSAM PIN ------------ Advocate for : MR B D DAS Advocate for : appearing for ON THE DEATH OF KISHORILAL PODDAR HIS LEGAL HEIRS LALIT KUMAR PODDAR AND ANR Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 20.05.2026 Heard Mr. A. Deka, learned counsel for the applicant. None appears on call for the respondent all though the notice is duly served which is reflected in the order passed today in I.A.(Civil)/774/2020. 2. This is an application under Order XXII Rule 9 of the CPC for setting aside abetment of CRP/76/2015 on account of death of sole respondent in the connected CRP/76/2015. 3. By order 17.09.2025, steps were ordered to be taken upon the substituted respondents by registered post with A/D as well by usual process. 4. As per office note dated 06.01.2022, acknowledgement card in respect of respondent no.1 and 2 has been received. Further, as per the order of the Lawazima Court dated 16.07.2024, notice on respondent no. 1 was to be served by registered Post with A/D, which was duly served. Though, un- served notice or acknowledgement card of respondent no.2 is not received, but as both the respondents are residents of same place, notice on the respondents is deemed to be duly served. None appears for the respondents. 5. The learned counsel for the applicant has submitted that the respondent no. 1 in CRP/76/2015 had died on 29.09.2012, which was not within his knowledge. Moreover, though the execution proceedings, being T.Ex. Case No. 01/2010, was pending, the deceased respondent was not Page No.# 5/6 substituted. 6. In the meanwhile, being aggrieved by the order dated 27.10.2014, passed by the learned District Judge, Goalpara, the petitioners have filed this revision petition under Article 227 of the Constitution of India. 7. It is submitted that in course of proceedings of CRP/76/2015, notice issued to the sole respondent was returned with postal remark “addressee expired return to sender”. It is submitted that, the said order of the Lawazima Court dated 08.04.2016 came to the notice only on 31.10.2019. Thereafter, the applications for substitution, for setting aside abetment, and condonation application were filed on 27.02.2020 and in the process there was a delay of 2617 (Two thousand six hundred seventeen) days beyond the period of limitation for application for setting aside abetment and application for substitution. 8. In light of the projection that though the sole respondent in CRP/76/2015 had died on 29.09.2012, and the respondent was not substituted in the execution petition at least atleast till the impugned order dated 27.10.2014 was passed, the Court is of the considered opinion that applicants have been able to make out a case for condoning the inordinate delay of 2617 (Two thousand six hundred seventeen) days beyond the period of limitation. 9. Accordingly, the applicant has been able to make out a case for allowing the application for setting aside abetment as the sole respondent in CRP/76/2015 was not substituted in the execution petition, being T.Ex. No. 01/2010. Page No.# 6/6 10. Accordingly, the interlocutory application stands allowed and the abetment on death of respondent no. 1 in CRP/76/2015 is hereby set aside. JUDGE Comparing Assistant