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1998 Supreme(Ori) 353

P.K.MISRA
ANANTA NAIK – Appellant
Versus
A. KESHABA REDDY – Respondent


ORDER

P.K. Misra, J. - 21.8.1998 - The Second Appeal is directed against the judgment and decree passed by the Subordinate Judge, Chatrapur in Title Appeal No. 31 of 1989. The judgment was passed on 6.7.1993. The present appeal has been filed in the High Court on 19.2.1998. It is stated by the appellant that, in fact, Civil Revision No. 104/93 corresponding to Civil Revision No. 106/95 was filed before the 2nd Addl. District Judge, Berhampur. It is further stated that the aforesaid Civil Revision was filed before the District Judge, Berhampur, on the wrong advice of the counsel. Subsequently, the said revision was dismissed for default on 26.2.1996, but the said order of dismissal was not within the knowledge of the present appellant; as the same was not communicated by the concerned counsel. It is further stated that the appellant came to know about the dismissal of the revision in September, 1997 only when the respondent tried to create disturbance in the possession of the appellant. It is further stated that due to his old age and extreme poverty, the appellant could not arrange for the necessary amount to come to Cuttack with necessary papers to file the appeal in the High Court



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