JITENDRA NAIK Vs. RADHYASHYAM NAIK & OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 24.11.2017 passed by the learned Addl. District Judge, Karanjia in I.A No.3 of 2017 whereby and whereunder the learned appellate court dismissed the application under Sec. 5 of the Limitation Act for condonation of delay in filing RFA No.04 of 2016.

(2.) Plaintiffs-Opposite parties 1 to 11 instituted C.S No.165 of 2009 for partition in the court of the learned Senior Civil Judge, Karanjia impleading petitioner and opposite parties 12 to 16 as defendants. The suit was decreed preliminarily. Aggrieved by the judgment and decree, the petitioner, who was defendant no.2 in the suit, filed RFA No.04 of 2016 before the learned District Judge, Mayurbhanj, Baripada. Since there was a delay in filing the appeal, an application being I.A No.03 of 2017 under Sec. 5 of the Limitation Act for condonation of delay was filed. The appeal was transferred to the court of learned Addl. District Judge, Karanjia. Learned appellate court dismissed the application for condonation of delay.

(3.) Mr. Parhi, learned counsel for the petitioner submits that the petitioner was prevented by sufficient cause in not filing the appeal on time. He filed an application under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal. But then, learned appellate court dismissed the same on an untenable and unsupportable ground.