Gauhati High Court
I.A.(Civil)/481/2026 of ON THE DEATH OF APPELLANT NO.1 MD. HARUN RASID LASKAR Vs LEGAL HEIRS OF LATE KHURSED ALI LASKAR , MD. ABDUL LATIF LASKAR on 7 May 2026
GAHC010021822026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/481/2026 ON THE DEATH OF APPELLANT NO.1 MD. HARUN RASID LASKAR HIS LEGAL HEIRS 1.1: JAKIR HUSSAIN LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
GAHC010021822026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/481/2026
ON THE DEATH OF APPELLANT NO.1 MD. HARUN RASID LASKAR
HIS LEGAL HEIRS
1.1: JAKIR HUSSAIN LASKAR
LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/ 2016
1.2: MOMTAZ BEGUM LASKAR
LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016
1.3: ANOWAR HUSSAIN LASKAR
LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016
1.4: ALTAF HUSSAIN LASKAR
LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016
1.5: NAZMUL HUSSAIN LASKAR
LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE
COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016
2: MD. NAJIM UDDIN LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
3: MD. KUTUB UDDIN LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013
4: MD. SALIM UDDIN LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
5: MUSSTT. JOYNOB BIBI LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
6: MUSSTT. ANOWARA BEGUM LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
7: MUSSTT. SALAHA BEGUM LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
8: MUSSTT. REJIA BEGUM LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
9: MUSSTT. LUTFA BEGUM LASKAR
S/O - LATE HAZI ATAUR RAHMAN LASKAR
LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR
(AKLIMA BIBI DIED ON 20.06.2013)
10: MUSSTT. RAMJUN NEHAR
W/O LATE OAIJ UDDIN
11: MUSSTT. ABU PABIYAN
D/O LATE OAIJ UDDIN
12: MD. BAHAR UDDIN LASKAR
S/O LATE MOJOROF ALI LASKAR
13: MUSSTT. ANGURA BEGUM LASKAR
D/O LATE MOJOROF ALI LASKAR
14: MUSSTT. RUSHNA BEGUM LASKAR
D/O LATE MOJOROF ALI LASKAR
15: MUSSTT. RUKIYA BEGUM LASKAR
D/O LATE MOJOROF ALI LASKAR
16: MUSSTT. NAJMA BEGUM LASKAR
D/O LATE MOJOROF ALI LASKAR
17: MD. NAZRUL ISLAM LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
18: MD. KHALIL UDDIN LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
19: MD. SOID AHMED LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
20: MD. GULE AHMED LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
21: MUSTT. LATIFUL NESSA LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
22: MUSTT. SARIFUL NESSA LASKAR
S/O AND D/O LATE ABDUL RASHID LASKAR
23: ON THE DEATH OF MD. KUTEE MIA
HIS LEGAL HEIRS
23.1: REJIA BEGUM MAZUMDER
SON
23.2: SAHARUL ISLAM MAZUMDER
SON
23.3: SAMSUL ISLAM MAZUMDER
SON
23.4: MORIAM BEGUM LASKAR
SON
23.5: JAHIRUL ISLAM MAZUMDER
SON
24: SURIYA BEGUM
DAUGHTER
25: SABIR AHMED
SON
26: KABIR AHMED
SON
27: SAFINA BEGUM
DAUGHTER
28: SOFIYA BEGUM
DAUGHTER
29: SALAH AHMED
SON
30: NOOR AHMED
SON
31: RUKIYA BEGUM
DAUGHTER
32: MD. FATIR ALI
S/O AND D/O MUSSA MIA
33: MD. FAKAR UDDIN
S/O AND D/O MUSSA MIA
34: MUSSTT. KARIMA BIBI
S/O AND D/O MUSSA MIA
35: MUSSTT. HALIMA BIBI
APPELLANT NOS.32 TO 35 ARE
S/O AND D/O MUSSA MIA
APPELLANT NOS. 1 TO 35 ARE
R/O NIJVERNERPUR
P.O. VERNERPUR
P.S. LALA
DIST HAILAKANDI
ASSA
VERSUS
LEGAL HEIRS OF LATE KHURSED ALI LASKAR , MD. ABDUL LATIF
LASKAR
SON
2:MD. ABDUL WAHED LASKAR
SON
3:MD. ABDUL MALIK
SON
4:MUSSTT. FARHANA BIBI @RAHENA BIBI
W/O MD. MUSSA MIA
R/O VILL AND P.O. GHARMOORAH
P.S. KATLICHERRA
DIST HAILAKANDI
ASSAM
5:MUSSTT. FARHAN BIBI
W/O MD. HAFIZ KHALIL AHMED
R/O VILL MOHAMMEDPUR
PART-II
P.O. RONGPUR SOUTH
P.S. LALA
DIST HAILAKANDI
ASSAM
6:MUSSTT. NEPURJAN BIBI
W/O LATE ABDUL RASID
7:MUSSTT. SIRAJUN NESSA
W/O LATE AJMAT ALI
8:MD. IMRUL HUSSAIN
SON
9:MD. KHADIM HUSSAIN
SON
10:MUSSTT. SALEMA AKTAR
DAUGHTER
11:MUSSTT. SAMIMA AKTAR
DAUGHTER
12:LEGAL HEIRS OF LATE MUBARAK ALI
MUSSTT. JARBUL NESSA
WIFE
13:MD. JAMAL UDDIN LASKAR
SON
14:MD. JALAL UDDIN LASKAR
SON
15:MD. NAIM UDDIN LASKAR
SON
16:MD. ANAM UDDIN LASKAR
SON
17:MD. AKRAM UDDIN LASKAR
SON
18:MUSSTT. BELUN BEGUM
DAUGHTER
19:MUSSTT. ANOWARA BEGUM
DAUGHTER
20:MUSSTT. JUBEDA BEGUM
DAUGHTER
21:MUSSTT. JILIKA BEGUM
DAUGHTER
22:MUSSTT. MALLIKA BEGUM
DAUGHTER
PROFORMA RESPONDENT NOS. 12 TO 22 ARE
R/O NIJVERNERPUR
P.O. VERNERPUR
P.S. LALA
DIST HAILAKANDI
ASSA
Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA
Advocate for the Respondent : MR. N H BARBHUIYA, MR M HUSSAIN
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 08.05.2026 Heard Ms. B. Hazarika, learned counsel for the applicant. Also heard Mr. N. H. Barbhuiya, learned counsel for the respondents.
2. By way of this interlocutory application under Section 5 of the Limitation Act, 1963, the applicant is seeking condoning delay of 1531 days in filing the connected substitution application for substituting the deceased/appellant No. 23 by his legal heirs in RSA No. 57/2016.
3. It appears that during the pendency of the regular first appeal, the appellant No. 23 died on 09.12.2019, leaving behind his legal heirs, who, the right to sue having been survived, were required to be substituted within 90 days, i.e., on or before 08.03.2020, but the same having not been able to be done in time, the appeal stood abated in respect of the deceased/appellant No. 23 by operation of law after the expiry of 90 days, i.e., after 08.03.2020. Accordingly, the instant interlocutory application for condoning the delay of 1531 days in filing the appropriate application for substituting the deceased/appellant No. 23 by his legal heirs and setting aside abetment is filed.
4. Upon hearing the learned counsel for both the parties and having perused the material available on record, it appears that the grounds for delay read as under: - “4. That the applicants beg to state that there are no negligence and/or latches on the part of the applicant in filing the petitions in time but the delay so occurred is due to communication with the engaged counsel. The applicants when visited the chamber of his engaged counsel on 18.12.2025 to enquire about the status of the appeal, then only during conversation the applicant informed his counsel that the appellant No.23 also died and his name is required to be removed from the case. The engaged counsel informed him about the procedure of substitution of appellant also. The applicant immediately returned to his native place and tried to collect the name and address of the legal heirs of deceased appellant No.8 Thereafter, somehow, he managed to collect the signatures, name and address of the legal heirs of the appellant No.8 within a month. Thereafter the applicant immediately came to Guwahati on 18.01.2026 to fulfil the procedures and thereafter their engaged counsel took some time in preparation of the applications. Therefore, in the interest of justice, this Hon'ble Court may be pleased to allow the substitution after setting aside the abatement and condoning the delay so occurred, in respect of the deceased appellant, otherwise the applicants will suffer irreparable loss and injury.”
5. The aforesaid grounds appears to be sufficient and bonafide.
6. Accordingly, the delay of 1531 days in filing the substitution petition for substitution of the legal heirs of the deceased/appellant No. 23 is hereby condoned.
7. With the above observation, the instant interlocutory application, stands allowed and disposed of.
JUDGE Comparing Assistant