Gauhati High Court
I.A.(Civil)/634/2024 of ON THE DEATH OF MAYUR UDDIN MAZUMDER, Vs ON THE DEATH OF RAKESH CHANDRA DEY on 21 April 2026
GAHC010292862023 2026:GAU-AS:5502 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/634/2024 ON THE DEATH OF MAYUR UDDIN MAZUMDER, HIS LEGAL HEIRS 1.1: NURJAN MAZUMDER W/O LATE MAYUR UDDIN MAZUMDER R/O VILL. RAJPATH RONGPUR PART-IV DIST.
GAHC010292862023
2026:GAU-AS:5502
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/634/2024
ON THE DEATH OF MAYUR UDDIN MAZUMDER,
HIS LEGAL HEIRS
1.1: NURJAN MAZUMDER
W/O LATE MAYUR UDDIN MAZUMDER
R/O VILL. RAJPATH
RONGPUR PART-IV
DIST. CACHAR
ASSAM
1.2: SHAHIDA AKTAR LASKAR
D/O LATE MAYUR UDDIN MAZUMDER
W/O AJIJ AHMED LASKAR
R/O VILL. AND P.O. SAIDPUR PART-II
DIST. CACHAR
ASSAM
1.3: SAHINA AKTAR BARBHUIYA
D/O LATE MAYUR UDDIN MAZUMDER
W/O BADRUL ISLAM BARBHUIYA
R/O VTC SAIDPUR PART-II
P.O. SAIDPUR PART-II
DIST. CACHAR
ASSAM
1.4: REHIMA AKTAR MAZUMDER
D/O LATE MAYUR UDDIN MAZUMDER
R/O VILL. RAJPATH
RONGPUR PART-IV
DIST. CACHAR
ASSA
VERSUS
ON THE DEATH OF RAKESH CHANDRA DEY
HIS LEGAL HEIRS AND ORS.
1.1:RAKHAL RANJAN DEY
S/O LT. RAKESH CHANDRA DEY
R/O VIVEKANANDA ROAD
SILCHAR
P.S.-BARAKPUR
DIST-CACHAR
ASSAM
PIN-788007
1.2:SMTI REKHASHREE DEY
W/O AMULYA CHANDRA DEY
R/O VIVEKANANDA ROAD
SILCHAR
P.S.-BARAKPUR
DIST-CACHAR
ASSAM
PIN-788007
1.3:SMTI. RATNA DHAR
W/O AMULYA DHAR
R/O GOBARDHANPARA
GUWAHATI
DIST-KAMRUP(M)
1.4:SMTI. RUPASHREE DY
W/O AMAR DEY
R/O GONGAPARA
RONGPUR PART-IV
PARGANA BARAKPAR
DIST-CACHAR
ASSAM
1.5:RAKHI DUTTA
W/O SAMBHU DUTTA
R/O SALGANGA
PARGANA
UDHARBOND
DIST-CACHAR
ASSAM
PIN-788031
2:ON THE DEATH OF ANNANDA MOHAN DEY
HIS LEGAL HEIRS
2.1:KHELA RANI DEY
W/O LT. ANNANDA MOHAN DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA BARAKPUR
DIST-CACHAR
PIN-788009
2.2:AJOY DEY
S/O LT. ANNANDA MOHAN DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA BARAKPUR
DIST-CACHAR
PIN-788009
3:ON THE DEATH OF NIRESH CHANDRA DEY
HIS LEGAL HEIRS
3.1:SMTI. MIRA DEY
W/O LT. NIRESH CHANDRA DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA
BARAKPUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788009
3.2:NILANJAN DEY
S/O LT. NIRESH CHANDRA DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA
BARAKPUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788009
3.3:DIPANJAN DEY
S/O LT. NIRESH CHANDRA DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA
BARAKPUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788009
3.4:SMTI. NIRA DEY
D/O LT. NIRESH CHANDRA DEY
R/O SANTIPARA
RONGPUR PART-IV
PARGANA
BARAKPUR
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-78800
Advocate for the Petitioner : MR. A ISLAM, MR. L R MAZUMDER,MR E HUSSAIN
Advocate for the Respondent : , MR. A H M R CHOUDHURY
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
22.04.2026 Heard Mr. L R Mazumder, learned counsel for the applicants. Also heard Ms. S C Murtaza, learned counsel appearing on behalf of Ms. R Choudhury, learned counsel appearing for the respondents. By way of the present interlocutory application under Section 5 of the Limitation Act, 1963, the applicants seeks condonation of delay of 85 days in filing the connected interlocutory application for bringing on record the legal heirs of the deceased appellant. During pendency of the connected regular second appeal, i.e., RSA No.
76/2021, the appellant, i.e., father of the applicants expired on 29.04.2023. The applicants being the legal heir of the deceased, Mayur Uddin Mazumder, the appellant in RSA No. 76/2021, the rights to sue being surviving, an application for substitution has been filed. However, while filing the substitution application, a delay of 85 days had occurred. Situated thus, the present condonation application has been filed. Having heard the learned counsels for the parties and having perused the materials available on record, it appears that after the expiry of the father of the applicants, the applicants were unaware about the case. Though they had come to know about the same, however due to some medical issue in their family, they could not contact the engaged counsels immediately, for which there has been a delay of 85 days in filing the substitution application. The grounds averred, appears to be sufficient and bonafide. Accordingly, the delay of 85 days in filing the connected substitution application hereby stands condoned. Consequently, the instant interlocutory application, stands allowed and disposed of.
JUDGE Comparing Assistant