KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions. The application stands disposed of. CM 6573/2013 (condonary of delay of 130 days in re-filing the appeal) This is an application for condonation of delay of 130 days in re-filing the appeal.

(2.) The application has been strongly opposed by the learned counsel for the respondent who submits that no sufficient has been shown by the appellants for condonation of the abnormal delay of more than 7 years in filing the appeal.

(3.) In support of his contention, the learned counsel for the appellants places reliance upon the decision of this Court in LPA 92/2013 where the delay of 736 days in filing the appeal on the ground that the appellant was not aware of his legal right to file an appeal was condoned subject to the condition that the appellant shall not be entitled to interest for the aforesaid period, the order dated 4.3.2013 passed in LA Appeal No.19/2013 where the delay of 2203 days in filing the appeal was condoned on the similar ground and subject to similar condition. He also relied upon the orders dated 30.11.2011 of this Court in LA Appeal No.617/2011 and order dated 30.01.2012 in LA Appeal 25/2012 and connected appeals. The learned counsel for the respondents on the other hand relies upon the order passed by this Court on 30.11.2012 passed in LA Appeal 25/2012 to 27/2012 where the application of the appellant for condonation of delay on the ground that they were not aware of their right to file the appeal against the impugned order, they being illiterate persons, was rejected by this Court noticing that they were duly represented by their counsel before the Reference Court. This Court rejected the contention of the appellant in that case that they had come to know from the other villagers about their filing of appeals against the impugned order and only then they contacted their counsel who drafted the appeal filed on their behalf. The learned counsel for the respondent also relied upon the order passed by this Court on 30.11.2011 passed in LA Appeal No.617/2011, rejecting the application for condonation of delay of more than five years on the ground that the appellant being a poor person residing in village could not contact his counsel.