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

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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.

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