THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Ors. v. ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS AND 5 ORS
Case at a glance
Outcome
Allowed
Accordingly, all these three Interlocutory Applications are allowed in terms
Provisions considered
Key paragraphs
- Para 66. Considering the matter in entirety including the explanation given at paragraphs 3 and 4 of the application, this Court is of the considered opinion that the applicants were prevented from filing the application for sufficient cause beyond their control. Accordingly, the delay in preferring…
- Para 1010. Accordingly, all these three Interlocutory Applications are allowed in terms of the aforesaid common order. These three Interlocutory Applications are disposed of. Page No.# 6/6 JUDGE Comparing Assistant
Judgment
------------ Advocate for : MS. R CHOUDHURY Advocate for : MS L SHARMA appearing for ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS AND 5 ORS. F Linked Case : I.A.(Civil)/269/2023 ON THE DEATH OF NAZRUL HAQUE HIS LEGAL HEIRS and ORS Page No.# 2/6 NOWSAD RAHMAN S/O- LT. MD. NAZRUL HAQUE VILL.- BORIGAON P.S.- ABHAYAPURI DIST.- BONGAIGAON PIN- 783384 ASSAM. VERSUS ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS MINOWARA BEGUM AND 5 ORS. F W/O LATE MD. ABDUL BASID RESIDENT OF VILLAGE BORIGAON P.S. ABHAYAPURI PIN 783384 DIST. BONGAIGAON ASSAM. ------------ Advocate for : MS. R CHOUDHURY Advocate for : MS L SHARMA appearing for ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS MINOWARA BEGUM AND 5 ORS. F Linked Case : I.A.(Civil)/267/2023 ON THE DEATH OF NAZRUL HAQUE HIS LEGAL HEIRS and ORS NOWSAD RAHMAN S/O- LT. MD. NAZRUL HAQUE VILL.- BORIGAON P.S.- ABHAYAPURI DIST.- BONGAIGAON PIN- 783384 ASSAM. VERSUS ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS MINOWARA BEGUM AND 5 ORS. W/O LATE MD. ABDUL BASID RESIDENT OF VILLAGE BORIGAON P.S. ABHAYAPURI PIN 783384 Page No.# 3/6 DIST. BONGAIGAON ASSAM. ------------ Advocate for : MS. R CHOUDHURY Advocate for : MS L SHARMA appearing for ON THE DEATH OF ABDUL BASID HIS LEGAL HEIRS MINOWARA BEGUM AND 5 ORS. Linked Case : CRP/179/2016 MD. NAZRUL HAQUE and 3 ORS S/O- LT. BADIRUDDIN VILL.- BORIGAON P.S.- ABHAYAPURI DIST.- BONGAIGAON PIN- 783384 ASSAM. 2: ALI AKBAR S/O- LT. HUSSAIN ALI SARKAR VILL.- DUMURIA PART- III P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 3: ABDUL MALEK S/O- LT. HUSSAIN ALI SARKAR VILL.- DUMURIA PART- III P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 4: ROSTAM ALI S/O- MD. ALI AKBAR VILL.- DUMURIA PART- III P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. VERSUS Page No.# 4/6 MD. ABDUL BASID S/O- LT. BADIRUDDIN AHMED VILL.- BORIGAON P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. ------------ Advocate for : MS.P SHARMA Advocate for : MS.L SHARMA appearing for MD. ABDUL BASID BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
17.02.2023 ORDER Heard Ms. R. Choudhury, learned counsel for the applicant. Also heard learned counsel for the respondents.
#2. These three applications are taken up together for final consideration.
#3. The I.A.(Civil)/269/2023 is filed under Order 22 Rule 3(1) of the Code of Civil Procedure for substitution of the legal heirs of the deceased sole opposite party in CRP/179/2016. The I.A.(Civil)/267/2023 is filed under Section 5 of the Limitation Act for condonation of delay of 143 days in preferring the connected application being I.A.(Civil)/269/2023 for substitution of the legal heirs of the deceased sole opposite party and the I.A.(Civil)/268/2023 for setting aside abatement on the death of sole opposite party, namely Md. Abdul Basid.
#4. The delay in preferring the application within the period of limitation has Page No.# 5/6 been explained at paragraphs 3 and 4 of the application. Perused the same.
#5. The learned counsel for the respondent submits that he will not object to condonation of such delay.
#6. Considering the matter in entirety including the explanation given at paragraphs 3 and 4 of the application, this Court is of the considered opinion that the applicants were prevented from filing the application for sufficient cause beyond their control. Accordingly, the delay in preferring the I.A. (Civil)/269/2023 for substitution of legal heirs is condoned.
#7. Accordingly, the abatement is set aside.
#8. Also considered the pleadings made in I.A.(Civil)/267/2023. It reflects that the present applicants are legal heirs of the deceased sole opposite party who died on 15.04.2021. Accordingly, the right to sue survives upon the present applicants and therefore, the I.A. is allowed by substituting the present applicants namely Minowara Begum, Hasiruddin Ahmed, Mohammad Abdul Mannan, Mostofa Ahmed, Imdadul Hussain and Baby Begum as opposite party in place of deceased sole opposite party.
#9. Registry to correct the cause title of CRP/179/2016 by incorporating the name of the legal heirs of the sole opposite party in his place as reflected at paragraph 2 of the I.A.(Civil)/269/2023.
#10. Accordingly, all these three Interlocutory Applications are allowed in terms of the aforesaid common order. These three Interlocutory Applications are disposed of. Page No.# 6/6 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, all these three Interlocutory Applications are allowed in terms
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908; Limitation Act, 1963 — s. 5.
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.