STATE OF ORISSA Vs. HATA SWAIN

JUDGEMENT

(1.) The facts giving rise to the filing of the present Civil Revision are as follows : Plaintiff-opposite parties had filed O.S No. 203/89-1 in the Court of Munsif. Bhubaneswar (presently known as Civil Judge (Junior Division) for declaration of title and for correction of Record-of-Rights in respect of the disputed property. The suit having been decreed in favour of the plaintiffs/the defendant (present petitioner) filed Title Appeal No. 17/92 along with a petition for condonation of delay. The Additional District Judge held that no sufficient cause had been shown for condoning the delay in filing the appeal and accordingly, the appeal was dismissed. The aforesaid order was challenged in the High Court in Civil Revision No. 272/93 and the High Court by order dated 12.7.1995 rejected the revision. Thereafter, the matter was carried to the Supreme Court in Special Leave Petition No. 7912/96 and the Supreme Court passed an order allowing the Special Leave Petition by order dated 5.9.1997. The operative portion of the order passed by the Supreme Court as quoted by the petitioner in the revision is as follows :

(2.) The order of the Supreme Court was received by the Additional District Judge on 25.9.1997 and accordingly, the lower appellate Court posted the appeal to 23.10.1997 for compliance of the order regarding deposit of cost of Rs. 20,000/-. On 23.10.1997, an application was filed on behalf of the present petitioner for adjournment of the case to any other day for payment of cost. It was indicated in the petition that the appellant had moved the Finance Department for allotment of funds.

(3.) The lower appellate Court held that since the time had been fixed by the Supreme Court, the lower appellate Court, that is to say. the Additional District Judge did not have jurisdiction to extend the time for deposit of the cost. As such, the petition was rejected by order dated 23.10.1997.