Haribandhu Kisan@Pradhan@Padhan v. Upendra Kisan
Case brief
What is this about?
Orissa High Court review-petition maintainability order (RVWPET No.24 of 2024, decided 04.04.2025, Justice Sibo Sankar Mishra): prima facie view that review does not lie against rejection of a Section 5 Limitation Act condonation-of-delay application (I.A. No.733 of 2017) leading to dismissal of Second Appeal RSA No.397 of 2017 (judgment dated 22.12.2023) as time-barred by 7 years 7 months 29 days; counsel's 'rejection is a decree, hence reviewable' argument not accepted; petition withdrawn and disposed of with liberty to pursue the correct remedy, no opinion on Second Appeal merits. Keywords: condonation of delay, Section 5 Limitation Act, time-barred second appeal, review petition not maintainable, withdrawal, Orissa High Court.
What did the court decide?
The RVWPET was disposed of on the petitioner's withdrawal, with liberty to the petitioner to resort to the right remedy available to him under law; the Court expressly clarified that it had not expressed any opinion on the merits of the case insofar as the Second Appeal is concerned.