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2022 Supreme(Gau) 396

DEVASHIS BARUAH
On The Death Of Osman Ali His Legal Heirs – Appellant
Versus
Kashem Ali And S/O. Lt. Akkas Ali – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M A Sheikh
For the Respondent: Mr. A Mannaf

JUDGMENT :

1. Heard Mr. M. A. Sheikh, the learned counsel appearing on behalf of the Applicants and Mr. M.H. Rajbarbhuiya and Mr. A. Mannaf, the learned counsels appearing for the Respondents.

2. All the above applications are the applications under Section 5 for condonation of delay in filing the application seeking setting aside of the abatement as well as for substitution of the legal representatives.

3. The Interlocutory Application being I.A(Civil) No. 1308/2021 is an application for condonation of delay of 3063 days in filing the application for setting aside the abatement of appeal in respect to Appellant No.1. The ground assigned in the said application is that the Applicants’ father filed the connected Second Appeal alongwith others and he was conducting the case and the applicants even after the death of their father were not aware of the case but subsequently when the surviving respondents declared in public in August, 2019 that there was a case in the High Court filed by their father and others which the Respondents won, then the applicants approached the Appellant No. 3(b) and enquired from him whether he had any knowledge of filing of a case by their father against the R

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