Kamala Khatun and Anr v. On the Death of Paresh Ali His Legal Heirs and Ors

ORDER Date : 27.11.2024

Heard Ms. R. Choudhury, learned counsel for the petitioners.

¶2In this petition, under Article 227 of the Constitution of India, the petitioners have put to challenge the correctness or otherwise of the order dated 27.08.2024, passed by the learned Civil Judge (Junior Division), North Salmara, Abhayapuri, in Title Suit No. 186/2021.

¶3It is to be noted here that vide impugned order dated 27.08.2024, the learned trial Court has dismissed the petition No. 2234/2023, filed by the petitioners for substituting the legal heirs of the deceased plaintiff Nos. 2 and 4.

¶4Ms. Choudhury, learned counsel for the petitioners submits that substitution of the legal heirs of the plaintiff No. 4 is not required as she is represented by the other plaintiffs, who are her sons and daughters and that the legal heirs of plaintiff No. 2 are not cooperating and as such, the legal heirs of plaintiff No. 2 may be substituted as proforma defendants in the suit. Ms. Choudhury also submits that the substitution application could not be filed in time as they were under the impression that in view of order of Supreme Court in Suo Moto Writ Petition (Civil) No. 03/2020, the period of limitation w.e.f. 15.03.2020 to 28.02.2022 has to be excluded and that the delay is not intentional, having aware of the requirement, an application under Section 5 of the Limitation Act was preferred, but the same was also dismissed by the Page No.# 4/4 learned trial Court, and that on account of some fault on the part of the engaged counsel, the applicant should not suffer and that the petitioners may be granted liberty to file appropriate application by setting aside the impugned order and the learned trial Court may be directed to consider the same in accordance with law.

¶5Having heard the submission of Ms. Choudhury, learned counsel for the petitioners, I have carefully gone through the petition and the documents placed on record and also perused the impugned order dated 27.08.2024.

¶6Taking note of all the facts and circumstances on the record, this Court is inclined to allow this petition by setting aside the impugned order and by granting liberty to the petitioners to approach the learned trial Court again by filing appropriate application. In the event of filing such an application, the learned trial Court shall consider the same in accordance with law.

¶7In terms of above, this revision petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010237912024 ooooooo 2024:GAU-AS:11840 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/472/2024o KAMALAoKHATUNoANDoANRo W/OoLATEoJOYNUDDINoANDoD/OoLATEoACHANDIoSHEIKH,oR/OoVILL-o NARARBHITAoPART-IV,oP.O.-NARARBHITA,oP.S.-MERERCHAR,oDIST-o BONGAIGAON,oASSAM 2:oTARAoMIAH oS/OoLATEoACHANDIoSHEIKH oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAo VERSUSo ONoTHEoDEATHoOFoPARESHoALIoHISoLEGALoHEIRSoANDoORSo NAMELY 1.1:SUKURJANoNESSA oW/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 1.2:AYENoUDDIN oS/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM PageoNo.#o2/4 1.3:MAINoUDDIN oS/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 1.4:NUTUBoALI oS/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 1.5:NAYANoALI oS/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 1.6:SAIDULoISLAM oS/OoLATEoPARESHoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 2:KURBANoALI oS/OoLATEoHAMEDoALI oR/OoVILL-oNARARBHITAoPART-IV oP.O.-NARARBHITA oP.S.-MERERCHAR oDIST-oBONGAIGAON oASSAM 3:BIMALAoKHATUN oW/OoMOKSEDoALI oR/OoVILL-oKHAIRABARI oP.O.-JOYPURoBAZAR oP.S.-AMGURI oDIST-oCHIRANG oBTAD oASSAo Page No.# 3/4 Advocate for the Petitioner : MS. R CHOUDHURY, MS F N ZAMAN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN