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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
State of Odisha – Appellant
Versus
Vibgyor @ Vibgyour Structural Construction Pvt. Ltd., Dhankauda – Respondent
| Table of Content |
|---|
| 1. parties and appeal details (Para 1 , 2) |
| 2. facts of the case and delay in filing appeal (Para 3 , 4) |
| 3. hearing and representation of parties (Para 5 , 6) |
| 4. arguments regarding condonation of delay (Para 7 , 8) |
| 5. legal standards for condonation of delay (Para 9 , 10 , 11 , 15) |
| 6. analysis of the state’s explanation for delay (Para 12 , 13 , 14) |
| 7. court's agreement with the lower court’s decision (Para 16 , 17) |
| 8. final decision on the appeal (Para 18) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The State-defendants in C.S. No.86 of 2010 of the Court of learned Civil Judge (Sr. Division), Sambalpur have preferred this appeal being aggrieved by the judgment/order dated 13.07.2022 passed by the learned District Judge, Sambalpur in R.F.A. No.7 of 2019 dismissing the said appeal on the ground of limitation.
2. For convenience, the parties are referred to as per their respective status before the trial Court.
3. The facts, relevant only to decide the present appeal are that the aforementioned suit was filed by the plaintiff for recovery of sum of Rs.64,30,495/- from the defendants with PI and FI @9% per annum. The claim of the plaintiff was allowed by the trial Court by its judgment dated
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
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