KASTUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present application filed under Sec. 5 of the Limitation Act, read with Sec. 151 Code of Civil Procedure, the appellants/claimants seek condonation of delay of 97 days in filing the present appeal.

(2.) Mr. Rajan Sood, learned counsel for the appellants submits that the appellants are the wife, son and daughters of Late Sh. Jeevan Lal (the deceased), who unfortunately passed away in an 'untoward incident' on 25/12/2016. It is stated that though the impugned order was passed on 15/11/2018, however a certified copy of the impugned order was only received by the appellants much later. He further submits that the appellants are poor persons and could not seek appropriate and timely legal advice for want of funds. In support of his submissions, he has placed reliance on the following decisions, firstly, a decision passed by a Co-ordinate Bench of this Court in Mohsina & Ors. v. Union of India & Ors. reported as 2017 SCC OnLine Del 10003; a decision of the Gujarat High Court in Wasim Shamshulhak Shaikh v. Union of India reported as 2018 SCC OnLine Guj 3330; and lastly, a decision of the Bombay High Court in Smt. Kokilabai wd/o Shankarrao Choudhari v. Union of India, thr. its General Manager, Central Railway, Mumbai, FAO 6007/2019.

(3.) Notably, in Mohsina (Supra), a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court considering the poor economic status of the appellants/claimants.