Application to condone the delay in filing a first appeal was rejected; the court found the delay enormous and the COVID-19 and communication-gap explanation implausible, citing the jurisprudential view that limitation is a law of repose. The appeal consequently stood dismissed.
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
FAO No.214 of 2025
Bibekananda Singh …. Appellant Represented by Adv.Mr. Dr. P. Chuli, Adv. Ms. P. Punyatoya, Adv. -versus- State of Odisha & others …. Respondents Represented by Adv.Mr. S.K. Jee, AGA
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
11.09.2025
FAO No.214 of 2025 & I.A. No.372 of 2025
Order No.
02. Learned counsel for the petitioner vehemently argues that the
COVID-19 had intervened and that there were some communication gap
between the client and the counsel. He also tells the Court that in more or less similar circumstances delay is already condoned, though it was more than thousand days, when the State had filed the recall application. Learned AGA-Mr. Jee, opposed the same.
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offered is not plausible. Salmond on Jurisprudence, by P.J. Fitzerald’ in 12th Edition says that law of limitation is a law of repose & peace and that stale matters should not be entertained by the Courts. This statement by the jurist is full of wisdom and therefore, has to be respected.
In the above circumstances, the application in I.A. No.372 of 2025 having been rejected, appeal also stands accordingly.
(Dixit Krishna Shripad) Judge
Prasanta
Signature Not Verified
Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 12-Sep-2025 17:38:17
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1 issue framed by the court
Whether the enormous delay in filing the appeal should be condoned on the explanation of COVID-19 intervention and communication gap between client and counsel.
Bibekananda Singh
State of Odisha & others
Dixit Krishna Shripad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
