IN THE HIGH COURT OF ORISSA AT CUTTACK S.A. No.145 of 1992 Sarat Chandra Jena and ..... Appellants others Represented by Mr.B.S.Panigrahi, Advocate -versus-

Dhoi Jena (dead) and others ..... Respondents Represented by Mr. A.K.Mishra, Advocate CORAM:

THE HON’BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

19.1.2026.

Order No.

I.A. No.659 of 2024

36. 1. This matter is taken up through hybrid mode.

2. This is an application for condonation of delay in filing the application for substitution in respect of Respondent No.1(b) namely, Babuli Jena, who died on 18.12.1999. The reason for delay has been explained under Paragraph-2 to the effect that after death of the deceased-respondent his widow remarried and therefore, the appellants were under the bonafide impression that only the minor girl child has been brought into the family of her step farther and therefore, no substitution was necessary.

However, the matter being listed, the conducting counsel advised them to take steps for substitution. In the process, there has been delay, which is neither willful nor deliberate.

3. Considering the reasons cited above, this Court inclined to take a lenient view. The delay in filing of the application for substitution is hereby condoned.

4. The I.A. is disposed of.

.

(Sashikanta Mishra)

Judge I.A. No.658 of 2024

37. 1. This matter is taken up through hybrid mode.

2. Since the delay in filing of the application for substitution has been allowed, the order of abatement is set aside.

3. The I.A. is disposed of.

(Sashikanta Mishra)

Judge I.A. No.657/2024

38. 1. This matter is taken up through hybrid mode.

2. It is stated that the Respondent No.1 (b) (Babuli Jena) died on 18.12.1999. The present application has been filed for substitution of his legal heir as Respondent No.1(b).

3. Since right to sue survives, the petition for substitution is allowed. The proposed legal heir as per schedule to the I.A. be impleaded as Respondent Nos.1 (b) (i) in place of Respondent No.1 (b).

4. Consolidated cause title be filed within seven days after serving copy on the learned counsel appearing for the other Respondents. Discrepancy in the name of Respondent Nos.1(b)

and 5 be reconciled within the same time.

5. The I.A. is disposed of.

(Sashikanta Mishra)

Judge S.A. No.145 of 1992

39. 1. This matter is taken up through hybrid mode.

2. List this matter in the week commencing 9.3.2026.

(Sashikanta Mishra)

AKB Judge Signature Not Verified Digitally Signed

Signed by: ASHOK KUMAR BEHERA

Designation: A.D.R.-cum-Addl. Principal Secretary

Reason: Authentication

Location: High Court of Orissa, Cuttack

Date: 20-Jan-2026 17:37:38 Page 3 of 3