D. Geetanjali Dora & vs D. Nityananda Dora
2021 Latest Caselaw 10158 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              RPFAM No. 128 of 2019

              D. Geetanjali Dora &                    ....       Petitioners
              another

                                       Mr. N. Singh-1, Advocate

                                           -versus-
              D. Nityananda Dora                      ....       Opp. Party

                                       Mr. G.K. Behera, Advocate

                                      CORAM:
                                JUSTICE BISWAJIT MOHANTY
                                        ORDER

Order No. 23.09.2021

10. I.A. No.237 of 2019 This is an application for condonation of delay of 978 days in filing the revision petition.

Heard Mr. N. Singh, learned counsel for the petitioners and Mr. G.K. Behera, learned counsel for sole opposite party through video conferencing mode.

Mr. Singh submits that after pronouncement of the impugned judgment by the learned Judge, Family Court, Berhampur, the petitioner was not intimated about the same by her Advocate for which she could not know about the status of the case. Whenever, she asked her advocate about the status of the case, she was assured that the case was pending and as such she could not know about the final decision of the case in time. Only during 2nd week of May 2019, she came to know that the case has already been disposed of. Thereafter she took steps for filing of the present revision. For this reason, there has been a delay in filing the present revision petition.

Considering the submissions made, this Court is of the opinion that for the fault of the advocate, no party should suffer.

// 2 //

In such background, this Court allows the application for condonation of delay subject to the petitioner making a payment of Rs.2000/-(Rupees Two Thousand only) in the form of A/c Payee Bank Draft drawn in favour of the sole opposite party, to be handed over to Mr. G.K. Behera, learned counsel for the sole opposite party within a period of two weeks from today.

The I.A. is accordingly, disposed of. Issue urgent certified copy as per rules.

(Biswajit Mohanty) Judge

RPFAM No.128 of 2019

11. List this case on 05.11.2021.

(Biswajit Mohanty) Judge

RJ