Page No.# 1/3 vs Jyostshna Das
2025 Latest Caselaw 6400 Gua

Gauhati High Court

Page No.# 1/3 vs Jyostshna Das on 27 August, 2025

                                                                   Page No.# 1/3

GAHC010058792025




                                                             2025:GAU-AS:11482

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Civil)/932/2025

         ON THE DEATH OF ROMA MITRA HER LEGAL HEIRS SIPRA MITRA AND
         ORS
         D/O- LATE SUSHIL KR. MITRA W/O.- SWAPAN BENERJEE R/O.- SHASTRI
         ROAD, WARD NO.9 P.O., P.S. AND DISTRICT- BONGAIGAON, ASSAM. PIN -
         783380.

         2: SIDHARTHA MITRA
          S/O- LATE SUSHIL KR. MITRA R/O.- SALBARI
          NORTH BONGAIGAON
         WARD NO.- 12 P.O.
          P.S. AND DISTRICT- BONGAIGAON
         ASSAM. PIN - 783380

         3: SUBRATA KR MITRA
          S/O- LATE SUSHIL KR. MITRA R/O.- SALBARI
          NORTH BONGAIGAON
         WARD NO.- 12 P.O.
          P.S. AND DISTRICT- BONGAIGAON
         ASSAM. PIN - 783380

         4: SONALI GHOSH MITRA
          D/O- LATE SUSHIL KR. MITRA WO.- SUBRATA GHOSH VO.- SHIBENDRA
         NARAYAN ROAD
         WARD NO.- 7
          COOCH BEHAR-L
          P.O.
          P.S. AND DISTRICT- COOCH BEHAR
         WEST BENGAL
          PIN - 735101

         VERSUS

         JYOSTSHNA DAS
         WIFE OF SRI KAMAL DAS R/O. NEAR LEELA GAS AGENCY( GODOWN)
                                                                        Page No.# 2/3

              SALBARI, NOFTH BONGAIGAON P.O. AND DISTRICT BONGAIGAON,
              ASSAM. PIN- 783380.



Advocate for the Petitioner    : MR. A MOBARAQUE,

Advocate for the Respondent : MR S S SHARMA,




                                   BEFORE
                HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 27-08-2025

Heard learned counsel Mr. A. Mobaraque for the applicants, who has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 208 (Two Hundred and Eight) days in filing the substitution application on account of death of the sole appellant Late Roma Mitra, who died on 22.05.2024, who had during her lifetime preferred an appeal being RSA No. 78/2015.

2. The applicants herein are the sons and daughters of the sole appellant.

3. The judgment dated 07.01.2015 and decree dated 20.01.2015 passed by the learned Civil Judge, Bongaigaon in Title Appeal No. 15/2011 has been assailed by the appellant and the appeal was admitted on 29.04.2015. During the pendency of the appeal, the sole appellant Roma Mitra passed away on 22.05.2024, leaving behind the following legal heirs :-

1. Sipra Mitra Daughter

2. Sidhartha Mitra Son

3. Subrata Kr. Mitra Son Page No.# 3/3

4. Sonali Ghosh (Mitra) Daughter

4. It is submitted that there is no malafide on the part of the appellant, resulting in delay of 208 (Two Hundred and Eight) days in filing the substitution petition.

5. Mr. H. Buragohain, learned counsel is present for the respondent and has raised no objection.

6. Considering the submissions at the bar, it appears that sufficient grounds have been shown for condoning the delay. Thereby, the delay of 208 (Two Hundred and Eight) days in filing the substitution petition is hereby condoned.

7. In terms of the above observation, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant