Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 28.08.2026

Case Overview

  • Petitioners: Sumi Saikia Dutta and three others (legal heirs of the late Mintu Dutta) residing in Gopalpur Rangajan, Biswanath, Assam.
  • Respondents: Tushar Sood (owner of vehicle No. AS‑01‑CC‑7339 Bus) and two others – Hiranya Saikia (driver) and M/S New India Assurance Company Limited (insurer, Policy No. 53070631170000001284).
  • Linked Cases: IA (Civil) 1723/2024, IA (Civil) 1724/2024, IA (Civil) 1725/2024; connected MAC Application No. 250/2022.
  • Nature of Applications:

1. IA 1723/2024 – prayer for condonation of a 381‑day delay in filing an application to set aside the abatement of appeal and to substitute legal heirs of deceased respondent No. 1.

2. IA 1724/2024 – prayer for setting aside the abatement of appeal on the death of respondent No. 1.

3. IA 1725/2024 – prayer for substitution of the legal heirs of deceased respondent No. 1, specifically naming Tushar Sood as the successor.

  • Procedural Background: Notices to Respondent Nos. 1 and 2 were served by substituted paper publication as directed by the Court; the petitioners filed an affidavit confirming compliance.

Court Findings & Reasoning

  • The Court examined the affidavit and found the substituted‑mode notices to be duly served.
  • The petitioners demonstrated sufficient reasons for the 381‑day delay (details provided in paragraphs 4‑5 of IA 1723/2024).
  • No objection was raised by the counsel for Respondent No. 3 (New India Assurance) to the condonation of delay.
  • The Court is satisfied that the delay was justified and therefore condones the 381‑day delay, allowing IA 1723/2024.
  • IA 1724/2024, seeking to set aside the abatement of appeal on the death of respondent No. 1, is allowed as there is no opposition.
  • IA 1725/2024, seeking substitution of the legal heirs of respondent No. 1, is allowed; Tushar Sood is permitted to be substituted as respondent No. 1(i) in the memo of appeal of MAC App 250/2022.

Orders

1. Condone the 381‑day delay in filing the applications for setting aside abatement and substitution of legal heirs.

2. Set aside the abatement of appeal against respondent No. 1 on his death.

3. Substitute the name of Tushar Sood as the legal heir of the deceased respondent No. 1 in the connected appeal (MAC App 250/2022).

4. Direct the petitioners/appellants to file an amended cause title in the connected appeal reflecting the substitution.

5. Dispose of IA (Civil) 1723/2024, IA (Civil) 1724/2024 and IA (Civil) 1725/2025.

6. List the connected appeal for hearing after two weeks on a date to be fixed by the Registry.

Final Outcome

The Gauhati High Court condoned the procedural delay, set aside the abatement of appeal, permitted substitution of the legal heir (Tushar Sood), ordered amendment of the cause title, and scheduled the connected appeal for a hearing.

Topics: Court Procedure, Legal Heir Substitution