BINDA DEVI 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 appellant seeks condonation of delay of 724 days in filing the present appeal.

(2.) Mr. Rajan Sood, learned counsel for the appellant submits that the father of the deceased had pre-deceased him. He further submits that after passing of the impugned order dtd. 14/8/2019, the appellant, who is mother of the deceased, aged about 60 years, is an illiterate and poor lady on the basis of which, could not instruct her counsel to file the appeal timely. 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 and Ors. v. Union of India and 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.