The High Court of Orissa at Cuttack allowed CMAPL No.28 of 2024, condoning a delay of 136 days for disposal on merit. The order dated 18 August 2023 in S.A. No.139 of 2001 was recalled, restoring the appeal for disposal.
CMAPL allowed with delay condoned; order dated 18 August 2023 in S.A. No.139 of 2001 recalled; appeal restored for disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.28 of 2024
Ananda Saraf & others …. Petitioners
M/s. A.K. Nanda, Advocate & Associate
-Versus-
Shyama Kumar Saraf & others
…. Opposite Parties
Mr. A.Das, AGA
CORAM: MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 02.05.2024
CMAPL No.28 of 2024
Page 1 of 2
CMAPL, in order to facilitate disposal of the appeal on merit, which was dismissed for non-prosecution by order dated 18th August, 2023.
Balaram
Signature Not Verified
Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-May-2024 12:24:31
Page 2 of 2
3 issues framed by the court
Whether the delay of 136 days in filing CMAPL No.28 of 2024 be condoned under Section 5 of the Limitation Act.
Whether the order dismissing the appeal dated 18 August 2023 be recalled to restore the appeal for disposal on merit.
Whether T.A. under Section 35(1)(b) of the Limitation Act be applicable to recall the impugned order.
2 provisions across 1 enactments
Ananda Saraf
Shyama Kumar Saraf
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
