KISHORE ROUT Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree dated 8.9.2006 passed by the learned Additional District Judge, 1.This appeal has been filed against the order dated 29.06.2015 passed in CMA No. 7 of 2014, arising out of RFA No. 12 of 2014 in the matter of an application under Section 5 of the Limitation Act refusing to condone the delay in filing the appeal.

(2.) Heard the learned counsel for the parties.

(3.) It is stated that the appellant was working in Surat and on the date of pronouncement of the judgment, he was absent. He returned from Surat on 30.10.2012, thereafter as ill luck would have it, he fell ill and suffered from typhoid and malaria which forced him to remain under the treatment of a doctor. It is further stated that his wife also fell ill in January, 2013 which kept the appellant engaged in taking her care for treatment and ultimately she died on 4.6.2013. After that in the month of July 2013 when he was coming to Berhampur to the contact his lawyer, he met with an accident and received injury causing paralytic effect. So it is stated that for all these events and reasons beyond the control of the appellant, the appellant could not file the appeal in time. The delay in filing the appeal is thus said to be neither intentional nor deliberate.