STATE OF ORISSA & ANOTHER Vs. KRISHNA PARIDA

JUDGEMENT

(1.) In this appeal, the appellants call in question the correctness of the order dated 27.08.2016 passed by the learned District Judge, Khurda at Bhubaneswar in RFA No.60 of 2016, whereby the learned District Judge dismissed the appeal on the ground of delay.

(2.) The facts necessary for disposal of the appeal are;

(3.) Mr. Panda, learned Addl. Government Advocate, submits that after the judgment passed by the learned trial court, the defendants filed an application for review. The same was pending before the learned trial court for which no appeal could be filed. The defendants have assigned sufficient cause in not preferring appeal in time. Learned lower appellate court has not considered the matter in its proper perspective and dismissed the application for condonation of delay.