Application to condone an 86-day delay in filing a CMAPL seeking recall of the order dismissing a writ petition for non-prosecution, on grounds of the petitioner's medical treatment and counsel's failure to file vakalatnama. Delay condoned; the dismissal order was recalled and the writ petition restored.
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Signature Not Verified
Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2025 14:43:01
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No. 50 of 2023
Pabitra Mohan Pattanaik
Petitioner(s)
Ms. B.K. Pattanaik, Advocate
-versus-
…. State of Odisha & Ors. Opposite Party(s)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
17.04.2025
I.A. No. 16 of 2023
01.
“3. That, it is submitted that after obtaining no objection from the previous counsel, the petitioner engaged another counsel Mr. Dillip Pattanaik, but the new counsel of the petitioner did not file power/ vakalatnama. The petitioner was undergoing his treatment from 20.10.2023 to 17.01.2023. After recovery he came to know on 19.01.2023 that his case has been dismissed for default. If the order dtd. 30.09.2022 will not be recalled the petitioner will
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Signature Not Verified
Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2025 14:43:01
suffer a substantial loss as there is a fair chance of success in the case. There is a delay of 90 days which is not deliberate and intentional. Hence for the ends of justice delay may be condoned. Copy of the Medical certificate is marked to this petition as Annexure-1.”
CMAPL No. 50 of 2023
(S.S. Mishra) Judge
Ashok
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2 issues framed by the court
Should the 86-day delay in filing the CMAPL seeking recall be condoned?
Should the order dated 30.09.2022 dismissing WPC (OA) No. 631 of 2019 for non-prosecution be recalled?
1 provisions across 1 enactments
Pabitra Mohan Pattanaik
State of Odisha
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
