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2005 Supreme(Ori) 251

A.S.NAIDU, R.N.BISWAL
Radhaballav Mohanty – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:Mr. Jagannath Patnaik, Sr. Adv.
For Opp.Parties 1 & 3:Addl.Govt Advocate
For Opp.Party No.2:Mr. S. K. Padhi

JUDGMENT

A. S. NAIDU, J. — This petition has been filed under Section 5 of the Limitation Act inter alia praying for condona¬tion of delay in filing Review Petition No.25 of 2005.

After being unsuccessful before the Supreme Court in Special Leave to Appeal (Civil) No.183 of 2003, the petitioner approached this Court by filing a Review Petition under Section 114 of the Code of Civil Procedure, registered as Review Petition No.25 of 2005, inter alia, praying to review the judgment of this Court passed on 11th December, 2002 in OJC No.7646 of 1998. On verifi¬cation, the Stamp Reporter has pointed out that there is a delay of two years and fifty-eight days in preferring the Review Peti¬tion. The present application has been filed under Section 5 of the Limitation Act read with Rule 27(A) of Chapter VI of the Orissa High Court Rules with a prayer to condone the delay in filing the Review Petition and to hear the Review Petition on merit.

2. In para-5 of the Misc.Case it is asserted that though the application for review of the judgment dated 11th December, 2002 ought to have been filed within thirty days from the date of the said judgment, since the matter was carried to the Supreme Cou



























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