Page No.# 1/3 GAHC010116292026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2030/2026 THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SCRETARY GOVT OF ASSAM HOME AND POLITICAL DEPARTMENT, DISPUR GUWAHATI, ASSAM 06 2: DISTRICT COMMISSIONER BAKSA DIST BAKSA ASSAM 3: SUPERINTENDENT OF POLICE BAKSA DIST BAKSA ASSAM 4: SUB DIVISIONAL POLICE OFFICER SALBARI DIST BAKSA ASSAM 5: OFFICER IN CHARGE GOBARDHANA POLICE STATION DIST BAKSA ASSA VERSUS ON THE DEATH OF FAIZUDDIN AHMED, HIS LEGAL HEIRS, BASHIRAN NESSA (WIFE) RESIDENT OF VILLAGE DHAKUA, DIST BARPETA, ASSAM, 781309 ASSAM 2:SADDAM HUSSAIN SON RESIDENT OF DHAKUA Page No.# 2/3 DIST BARPETA ASSAM 781309 ASSAM 3:RAHUL AMIN SON RESIDENT OF DHAKUA DIST BARPETA ASSAM 781309 ASSA Advocate for the Petitioner : GA, ASSAM, Advocate for the Respondent : MR. SURAJIT DAS(R1,2,3), MR. P P DAS(R1,2,3) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 29.07.2026 1. Heard Mr. D. Nath, the learned senior Government counsel for the applicant. Also heard Mr. S. Das, the learned counsel for the opposite parties. 2. This application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant praying for condoning the delay of 45 days in filing the application for setting aside abatement and setting aside abatement of appeal on death of sole respondent, as well as for filing substitution applications. 3. The learned senior Government counsel for the applicant submits that the cause of the delay has been stated in paragraph Nos. 3 and 4 of the instant application. Page No.# 3/3 4. The learned counsel for the opposite parties submits that considering the short period of delay as well as grounds stated in the Interlocutory Application, it does not have any objection if the delay is condoned. 5. After considering the submissions made by learned counsel for both sides as well as going through the grounds stated in the instant Interlocutory Application, this Court deems the grounds stated to be sufficient cause, which prevented the applicants from approaching this Court in filing the application for setting aside abatement as well as substitution petition within the prescribed period of limitation. As such, the delay of 45 days in filing the same application is, hereby, condoned in this Interlocutory Application. 6. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant