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B. P. ROUTRAY
Nrusingha Behera – Appellant
Versus
Brajaraj Das – Respondent
JUDGMENT
B.P. Routray, J. - Present appeal is directed against order dated 1st March, 2019 of the learned District Judge, Khurda at Bhubaneswar passed in RFA No.100 of 2018 arising out of C.S. No.366 of 2009, wherein the appeal was dismissed on the ground of limitation as learned District Judge refused to condone the delay of 7 years 291 days in preferring the appeal.
2. The facts in brief are as follows;-
Late Kulamani Behera had three sons, namely Nrusingha Behera (present Appellant), Brajaraj Das (present Respondent No.1) and Nabaghana Behera. Tulasi Behera is the wife of Kulamani. Kulamni died on 7th November, 2008. C.S. No.366 of 2009 was filed by Brajaraj praying to declare him as one of the sons of Kulamani Behera and the name of Rajkishore Das, as his father, mentioned in his School certificate is an error since he was never adopted by Rajkishore Das, his maternal grandfather. In the said suit, Brajaraj did not implead other sons of Kulamani and only impleaded Tulasi (his natural mother) as sole defendant. Tulasi agreed to the claim of Brajaraj and the suit was decreed in plaintiff's (Brajaraj) favour on 9th September, 2010 by declaring that his father's name was wrongly writt
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
The court held that the appellants' explanation for the delay in filing the appeal was not satisfactory and that they were aware of the judgment and decree of the lower appellate court, as evidenced ....
Point of law: It is well settled principle of law that any judgment or order obtained by fraud, its validity can be challenged in any proceeding. Before three centuries, Chief Justice Edward Coke pro....
The court emphasized the need for a reasonable explanation for delay in presenting an appeal and highlighted the importance of adhering to the substantive law of limitation.
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
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