MC 3158/2010 BEFORE HON’BLE MR S JUSTICE ANIMA HAZARIKA Heard Mr SK Goswami, learned counsel appearing for the applicant. Also heard M r J. Jalan, learned counsel appearing for the respondent No. 2. This is an application under Section 5 of the Limitation Act filed by the applic ant/petitioner for condoning the delay of 282 days in preferring the connected a ppeal. Mr Jalan appearing on behalf of the respondent No. 2 has raised objection agains t the prayer for condoning the delay. I have perused the statements made in the application. On perusal of the statements made on oath in the application, particularly, at p aragraphs 3 to 5, I am satisfied that sufficient causes have been shown for cond oning the delay in preferring the connected appeal. In view of the explanations so made and for the ends of justice, the delay of 28 2 days in preferring the appeal is hereby condoned. Mr Jalan has further submitted that respondent No. 1 Sri Sarbeswar Saikia died a nd the legal heir of respondent No. 1 i.e. respondent No. 2 Smti Mina Saikia, m other of the deceased, is already on record. Therefore, the name of respondentNo . 1 be struck off from the array of respondents at the risk of appellant. Office is directed to struck off the name of respondent No. 1, namely, Sarbeswar Saikia from the array of respondents and correct the cause title accordingly. The miscellaneous application is accordingly stands allowed and disposed of.