KALU PRADHAN Vs. AHALYA MAHAPATRA AND ORS.

JUDGEMENT

(1.) This Civil Revision by defendant No. 2 arises out of an order dismissing the title appeal on the ground of limitation of about 307 days.

(2.) Defendant No.2 sought for legal assistance from the State Legal Aid and Advice Board which ultimately intimated the District Committee to give legal aid. District Committee engaged a lawyer on 22.10.1986 and appeal was filed on 24.11.1986.

(3.) There is no dispute that there was inordinate delay in preferring appeal. When a party who deserves legal aid under the scheme introduced by the State Government under Art. 39-A of the Constitution, has approached authorities and there is no fact that such party was negligent at any stage, delay caused by the authorities ought to be treated as sufficient cause. In the present case there is no finding that defendant No. 2 could have avoided the delay by the authorities. Accordingly, delay for such period has been explained.