On The Death Of Surji Nessa @ Sukhi ... vs On The Death Of Kubat Ali
2025 Latest Caselaw 8612 Gua

Gauhati High Court

On The Death Of Surji Nessa @ Sukhi ... vs On The Death Of Kubat Ali on 17 November, 2025

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GAHC010139852025




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

                           Case No. : RSA/132/2025

         ON THE DEATH OF SURJI NESSA @ SUKHI NESSAHER LEGAL HEIRS
         ABBAS PARMANIK
         SUBSTITUTED THE NAMES OF LEGAL HEIRS OF THE MAIN DEFENDANT
         NO. 3(B) NAMELY NUREN PARAMANIK, R/O VILL. SHAHPUR, MOUZA D.C.
         BOUSHI, P.S. SORBHOG, DIST. BARPETA, ASSAM.



         VERSUS

         ON THE DEATH OF KUBAT ALI, ALIM UDDIN AND ORS
         SON

         2:RASUL ALI

          SON

         BOTH ARE R/O VILL. SHAHPUR
         MOUZA D.C. BOUSHI
         PS. SORBHOG
         DIST. BARPETA
         ASSAM.

         3:ON THE DEATH OF LATE ABDUL MAZID @ JALIL
          SON

         4:MOTIBUR RAHMAN

          SON

         5:JOYNAL ABDIN
          SON
          BOTH ARE R/O VILL. SHAHPUR
          MOUZA D.C. BOUSHI
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             P.S. SORBHOG
             DIST. BARPETA
             ASSAM

Advocate for the Petitioner   : MR G BORDOLOI, P BARO,N J DAIMARI,MS. J BURAGOHAIN

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

17.11.2025

1. Heard Mr. G. Bordoloi, the learned counsel for the appellant.

2. This regular second appeal has been filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 impugning the order dated 19.05.2025 passed by the court of the learned Civil Judge (Senior Division), Barpeta in Misc. (J) Case No. 129/2024 in connection with Title Appeal No. 53/2024, whereby the First Appellate Court declined to condone the delay of 975 days in preferring the first appeal before the said court against the judgment dated 18.01.2022, passed in Title Suit No. 368/2014.

3. After considering the submissions of the learned counsel for the appellant and going through the materials on record, following substantial question of law is framed in this appeal.

1. "Whether the impugned order of the First Appellate Court passed in Misc. (J) Case No. 129/2024 whereby it declined to condone the delay of 975 days in Page No.# 3/3

preferring the connected first appeal is perverse?"

4. The appeal is admitted.

5. Issue notice to the respondents.

6. Call for the records of Misc. (J) Case No. 129/2024 as well as Title Appeal No. 53/2024 from the court of the learned Civil Judge (Senior Division), Barpeta.

7. The Registry to take steps for requisitioning the aforesaid records.

8. The appellant shall take steps for issuance of notice upon the respondents by usual mode as well as by speed post within 7(seven) from

the date of this order, returnable on 18th December, 2025.

9. List accordingly.

JUDGE

Comparing Assistant