JAYDA KHATUN Vs. KASHEM ALI

JUDGEMENT

(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 Sec. 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 Respondents and then the Appellant No. 3(b) replied in the positive and also said that the Applicants ' father has filed the case in the High Court alongwith him and other appellants and then the Applicants said to the Appellant No. 3(a) that they had come to know from the Respondents that they won the said case. The original Appellant No.1 as per the said application expired on 1/2/2013.