✦ Gauhati High Court · 11 Feb 2026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. ON THE DEATH OF LATE MUSTT NURUBI BIBI HER LEGAL HEIR ASAB

SANJEEV KUMAR SHARMA

Case at a glance

Provisions considered

Key paragraphs

  • Para 88. This is an application under Order XXII Rule 9 of the Code of Civil Procedure, 1908 praying for setting aside the abatement of respondent No.1 in FAO No. 35/2017. As the delay in preferring the connected appeal is condoned vide order dated 11.02.2026 in…

Judgment

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/259/2026 AMIR ALI S/O RAJAN ALI VERSUS ON THE DEATH OF LATE MUSTT NURUBI BIBI HER LEGAL HEIR ASAB UDDIN D/O LATE ARJAN ALI W/O EKLAS ALI VILL. SWASTAGRAM P.O. UMARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM 788806 ------------ Advocate for : BANDANA HAZARIKA Advocate for : appearing for ON THE DEATH OF LATE MUSTT NURUBI BIBI HER LEGAL HEIR ASAB UDDIN BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA Date : 11.02.2026 ORDER Heard Ms. R. Choudhury, learned counsel for the applicants and Mr. S.R. Barbhuiya, learned counsel, appearing on behalf of Mr. M.H. Rajbarbhuiyan learned counsel for the respondent No. 2.3,4, 5 as well as Mr. S. Das, learned Page No.# 2/2 Addl. Senior Govt. Advocate, Assam appearing for the respondent Nos. 6, 7 and

8.

This is an application under Order XXII Rule 9 of the Code of Civil Procedure, 1908 praying for setting aside the abatement of respondent No.1 in FAO No. 35/2017. As the delay in preferring the connected appeal is condoned vide order dated 11.02.2026 in IA (Civil) 258/ 2026, the abatement is set aside. The petition for setting aside of abatement is allowed. The IA stands disposed of. JUDGE Comparing Assistant

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — O. XXII r. 9.

Which court decided this case, and when?

Gauhati High Court, on 11 Feb 2026. The bench was SANJEEV KUMAR SHARMA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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