MANORAMA MOHANTA Vs. ORISSA STATE

JUDGEMENT

(1.) The Petitioner assails the order passed by the Additional District Judge, Baripada in F.A.O. No. 54/20 of 2009 confirming the order of dismissal passed by the learned Civil Judge (Senior Division), Baripada in C.M.A. No. 7 of 2007.

(2.) The undisputed facts leading to file this writ petition are as follows:

(3.) Thereafter, the Petitioner filed an appeal under Order XLIII, Rule 1 of the Code before the learned District Judge, which was transferred to the court of Addl. District Judge, Baripada. While considering the appeal, the learned Addl. District Judge has dismissed the appeal mainly on the ground that the petition for restoration was filed after a considerable delay and no petition for condonation of delay was filed. Such orders passed by the learned Civil Judge (Senior Division) and the learned Addl. District Judge are called in question in this writ application.