CUTTACK, India, March 26 -- Orissa High Court issued the following order on Feb. 23:
This Interlocutory Application under Section 5 of the Indian Limitation Act, 1963 has been filed by the petitioner praying for condonation of delay of nineteen years one month and twenty-four days in filing RVWPET No.47 of 2026 under Section 114 read with Order-47, Rule-1 of the C.P.C., 1908.
The RVWPET No.47 of 2026 has been filed by the petitioner praying for the review of the order dated 15.11.2006 passed in RSA No.317 of 2006 by this Court stating in his petition that, at the time of passing of the said order on dated 15.11.2006 in RSA No.317 of 2006 by this Court, he(petitioner) had no knowledge about the obtaining of the decree in RFA No.12/26 of 2006/2003 by the Opposite Party in his favour by practising fraud, but, subsequently, he(petitioner) came to know about the same on dated 03.03.2022. After knowing about the same, he(petitioner) filed CMA No.5 of 2022 under Section 47 of the C.P.C., 1908 in the court of learned Civil Judge(Sr. Division), Koenjhar in Execution Case No.11 of 2008 praying for non-prosecution of that Execution Case No.11 of 2008 further and to drop that Execution Case No.11 of 2008, but, the Executing Court dismissed to that CMA No.5 of 2022 of the petitioner.
To which, the petitioner challenged by filing CRP No.02 of 2024 before the learned District Judge, Keonjhar, but, the learned District Judge, Keonjhar dismissed to that CRP No.02 of 2024 of the petitioner.
Then, he(petitioner) challenged that dismissal order passed in CRP No.02 of 2024 by filing CMP No.1526 of 2025 before the High Court, but, that CMP No.1526 of 2025 of the petitioner was dismissed on 11.12.2025 by this Court.
Thereafter, the petitioner filed REVWPET No.47 of 2026 before this Court under Section 114 read with Order47, Rule-1 of the C.P.C., 1908 in delay along with this I.A. vide I.A. No.75 of 2026 under Section 5 of the Indian Limitation Act, 1963 praying for condonation of delay of nineteen years one month and twenty-four days in filing that REVWPET No.47 of 2026 stating that, the aforesaid delay may not be taken into account, as he(petitioner) has filed REVWPET No.47 of 2026 alleging fraud against the Opposite Party, for which, the same may be condoned for the ends of justice. Because, delay in filing the REVWPET No.47 of 2026 by him(petitioner) is neither intentional nor deliberate, therefore, the said delay in filing the REVWPET No.47 of 2026 may be condoned. If the above delay in filing REVWPET No.47 of 2026 will not be condoned, he(petitioner) will suffer irreparable loss as well as substantial injury.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv5YI%2FpnrRU0Jmbkz2LwrWvPeWfj9fOr5hqTLNoH7eNrp&caseno=RVWPET/47/2026&cCode=1&cino=ODHC010103562026&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
