KALPANA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application has been filed under Sec. 5 of the Limitation Act read with Sec. 151 CPC on behalf of the appellants seeking condonation of delay of 258 days in filing the appeal.

(2.) Learned counsel for the respondent fairly does not oppose the present application.

(3.) It is worthwhile to note that in Mohsina and Ors. v Union of India and Ors., reported as 2017 SCC OnLine Del 10003 a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court, taking into account poor economic status of the appellants/claimants. Relevant excerpt from the decision is reproduced hereunder:- "4. The appellants are seeking condonation of delay of 804 days in filing the appeal on the ground that appellant no. 1 is an illiterate and poor lady; she lost her husband in the train accident; her father-in-law was pursuing the case before the Claims Tribunal; her father-in-law expired, whereupon her mother-in-law threw her out from the matrimonial home and she is residing with her father who is also handicapped; she was working as a maid servant to make both ends meet; her cousin came from abroad on 2/5/2013 and felt pity over her and made enquiries from the Claims Tribunal and thereafter, helped her in filing the appeal. 5. Considering the extreme poverty and illiteracy of the appellants, the application is allowed and the delay in filing the appeal is condoned subject to the condition that the appellants would not be entitled to interest for the delayed period of 804 days."