Gauhati High Court
I.A.(Civil)/2420/2026 of SHRI JAGADISH CH BANIK Vs SHRI BHOLA NATH MAZUMDAR on 8 September 2026
GAHC010139672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2420/2026 SHRI JAGADISH CH BANIK S/O SHRI NITYANANDA BANIK RESIDENT OF SILCHAR ROAD SRIBHUMI KARIMGANJ TOWN P.O. KARIMGANJ DISTRICT SRIBHUMI ASSAM VERSUS SHRI
GAHC010139672026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2420/2026
SHRI JAGADISH CH BANIK
S/O SHRI NITYANANDA BANIK
RESIDENT OF SILCHAR ROAD
SRIBHUMI KARIMGANJ TOWN
P.O. KARIMGANJ
DISTRICT SRIBHUMI
ASSAM
VERSUS
SHRI BHOLA NATH MAZUMDAR
S/O LATE PRANONATH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
2:LEGAL REPRESENTATIVES OF LATE SHRI ASHISH MAZUMDAR
A.C. SEN ROAD KARIMGANJ TOWNP.O. SRIBHUMI KARIMGANJ DISTRICT
SRIBHUMI ASSAM 788710
2.1:SOMA MAJUMDAR
W/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
2.2:ANUSHKA MAJUMDAR
D/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
2.3:SOUMILI MAJUMDAR
D/O LATE SHRI ASHISH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
3:SHRI UJJAL MAJUMDAR
S/O SHRI BHOLA NATH MAZUMDAR
RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI
KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710
4:SHRI BHASKAR DAS
S/O LATE REBATI MOHAN DAS
RESIDENT OF BONAMALI ROAD
SRIBHUMI
PO AND DIST SRIBHUMI
ASSAM 788710
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Advocate for : MR. P K ROYCHOUDHURY
Advocate for : MR. S C KEYAL appearing for SHRI BHOLA NATH MAZUMDAR
In
CRP Case No. 329/2013
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER
09.09.2026 [1] Heard Mr. M. Hussain, the learned counsel for the applicant. Also Mr. D. Mozumder, the learned counsel for the opposite party No. 1 to 3. [2] This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condonation of delay of 10(ten) days in preferring the application for setting aside abatement and substitution of legal heirs of respondent No. 2, Sri Ashish Mazumdar, who expired on 22.01.2026. [3] The learned counsel for the applicant has submitted that the reasons for delay in preferring the connected applications have been stated in paragraph No. 3 of the instant interlocutory application. [4] The learned counsel for the opposite parties, Mr. D. Mozumder has not raised any objection against the instant interlocutory application. [5] Considering the grounds stated in the instant interlocutory application to be sufficient ground which prevented the applicant from preferring the applications for setting aside abatement of the connected petition against respondent No. 2 and for substituting his legal heirs by sufficient cause. As such, the delay of 10(ten) days in preferring the said applications is hereby condoned and this interlocutory application is allowed.
JUDGE Comparing Assistant