IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.124 of 2024 Debabrata Prusty …. Petitioner Mr. S. Mohanty, Advocate -Versus-

State of Odisha & another …. Opposite Parties Mr. S.K. Swain, AGA Mr. M.K. Panda, Advocate (O.P.Nos.2(a) to 2(d)

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

06.11.2025 I.A. No.1015 of 2025 Order No.

08. 1. Heard learned counsel for the respective parties.

2. Instant I.A. is filed under Section 5 of the Limitation Act seeking condonation of delay in presenting the revision beyond the stipulated period.

3. A delay of 430 days is reported as per the S.R.

4. The petitioner was allowed to file a fresh petition under Section 5 of the Limitation Act on the ground that the cause for the delay was not mentioned in the earlier I.A.

5. Mr. Mohanty, learned counsel for the petitioner submits that due to communication gap between the petitioner and then conducting counsel and on account of illness of the petitioner, the revision could not be filed in time, hence, the delay and therefore, it should be condoned in the interest of justice. In support of plea of illness of the petitioner, the copies of the medical prescriptions are filed today.

6. Learned counsel for the opposite party Nos.2(a) to 2(d) seriously objects for condonation of delay on the ground that the reason assigned therein is not sufficient enough, hence, the I.A. filed for the same should be dismissed.

7. Considering the plea of the petitioner that he had communication gap with the then counsel engaged by him and thereafter, suffered from illness and in support of such claim, the medical documents are produced at the time of hearing, this Court, considering the same and the submissions of learned counsel for the respective parties, is of the view that the delay which has occasioned in filling the revision should be condoned in order to enable its disposal on merit but subject to cost.

8. Hence, it is ordered.

9. The I.A. is allowed. Consequently, the delay in filing the revision is hereby condoned, however, subject to payment of cost of Rs.1000/- by the petitioner to the opposite party.

(R.K. Pattanaik)

Judge CRLREV No.124 of 2024

09. 1. In view of order in I.A. No.1015 of 2025, list this matter on 4^th December, 2025 for final hearing and orders to be taken up along with I.A. Nos. 212 of 2024 & 213 of 2024 filed in the meantime.

2. LCR be called for. The Registry is directed to do the needful to ensure that the LCR is received well in time before the next date of hearing.

(R.K. Pattanaik)

Judge Alok Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Nov-2025 15:03:22 Page 3 of 3