STATE OF ORISSA Vs. KANTILATA SARANGI

JUDGEMENT

(1.) THIS Writ Appeal was filed in 2002 along with an application under Section 5 of the Limitation Act. There is a delay of 346 days in filing the appeal. The explanation for the delay has been furnished in paragraph 3 of the application which reads as follows :

(2.) THIS Court vide order dated 14.12.2002 issued notice on the said application. The sole respondent entered appearance and filed an objection to the said application under Section 5 of the Limitation Act on 23.4.2006. The matter came up for hearing on 6.8.2008, 27.8.2008 and 5.9.2008. On 5.9.2008 Mr. K.K. Swain, learned counsel for the respondent submitted that the application for condonation of delay has to be decided after hearing the full arguments and he sought time for it. The matter came up for hearing on 12.9.2008. On that date, adjournment was sought by the learned counsel for respondent asking the Court for listing the matter on 17.9.2008. When the matter was listed on 17.9.2008, again adjournment was sought by the respondent for preparing arguments to oppose the application for condonation of delay. On 17.9.2008 the Court passed the following order :

(3.) THE Court considered the averments made in paragraph 3 of the application and the objection taken by the respondent.