Gauhati High Court
Page No.# 1/4 vs Mukunda Sarma on 19 March, 2025
Page No.# 1/4
GAHC010058392024
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3444/2024
ON THE DEATH OF HARI PRASAD SARMA
HIS LEGAL HEIRS BINA DEVI AND ORS,
2: SMTI BINA DEVI
W/O LATE HARI PRASAD SARMA
R/O VILLAGE MONABARIE BASTI
P.O. MONABARIE
PS. BISWANATH CHARIALI
DISTRICT BISWANATH
ASSAM
PIN 784176
3: SRI MILAN SHARMA
S/O LATE HARI PRASAD SARMA
R/O VILLAGE MONABARIE BASTI
P.O. MONABARIE
PS. BISWANATH CHARIALI
DISTRICT BISWANATH
ASSAM
PIN 784176
4: SRI HIMEN SHARMA
S/O LATE HARI PRASAD SARMA
R/O VILLAGE MONABARIE BASTI
P.O. MONABARIE
PS. BISWANATH CHARIALI
DISTRICT BISWANATH
ASSAM
PIN 78417
Page No.# 2/4
VERSUS
MUKUNDA SARMA,
S/O SRI MAHESWAR SARMA, R/O VILL. GULIA, P.O. and P.S. BISWANATH
CHRIALI, DIST. SONITPUR, ASSAM.
Advocate for the Petitioner : MR. P K ROY, MR. S K CHAKRABORTY
Advocate for the Respondent : MR. K SARMA,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
19.03.2025
Heard Mr. S.K. Chakraborty, learned counsel for the applicants and Mr. K. Sarma,
learned counsel for the opposite party.
2. This application, under Section 5 of the Limitation Act, is preferred by the
applicants for condoning delay of 612 days in preferring the connected substitution
application in RSA No. 174/2011.
3. Mr. Chakraborty, learned counsel for the applicants submits that the father of
the applicants, namely, Hari Prasad Sarma along with one Baldev Sarma preferred a
second appeal before this court, being RSA No. 174/2011, challenging the Judgment
and Decree dated 07.06.2010, passed by the learned Additional District Judge (FTC),
Biswanath Chariali, in Title Appeal No. 05/2008. Mr. Chakraborty further submits that
during the pendency of the said appeal, their father suffered demise on 29.03.2020
and that the said RSA was being looked after/followed by their father and they were
not aware of pendency of the same. Thereafter, in connection with Title Execution
Case No. 01/2011, they have received one notice from the learned executing court of
Page No.# 3/4
Biswanath Chariali and when they inquired about the same, only then they came to
know about pendency of the said RSA before this court. Thereafter, on advice of their
counsel they rushed to this court and met their counsel and file a petition for
substitution of the legal heirs and in the meantime, the delay of 612 elapsed. Mr.
Chakraborty further submits that the delay is not intentional rather it is circumstantial
and the same has sufficiently been explained in this petition at paragraph No. 3 and
therefore, it is contended to allow this petition.
4. On the other hand, Mr. Sarma, learned counsel for the opposite party has
opposed the petition on the ground that the explanation so forthcoming is not
sufficient within the meaning of Section 5 of the Limitation Act and that having not
been properly explained about the delay, the same cannot be condoned and therefore,
it is contended to dismiss this application.
5. Having heard the submission of learned counsel for the applicant, I have
carefully gone through the petition as well as the documents placed on record.
6. It appears that the delay of 612 has been explained in paragraph No. 3 of the
application and the same appears to be plausible one and therefore, this court is of
the view that the explanation so forthcoming appears to be sufficient and as such, it is
inclined to allow this application.
7. This court has taken note of the objection of Mr. Sarma, learned counsel for the
opposite party. It is well settled that in the matter of condonation of delay, the court
has to take a pragmatic approach and the RSA is already pending before this court
and if the delay is not condoned, then serious prejudice will be caused to the
applicants.
8. Under such circumstances, this court is unable to agree with the submission of
Mr. Sarma, learned counsel for the opposite party.
9. In terms of above, this I.A. stands disposed of.
Page No.# 4/4
10. The Registry shall list the RSA along with other IAs after a week.
JUDGE
Comparing Assistant
