CHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application has been filed under Sec. 5 of the Limitation Act, 1963 read with Sec. 151 CPC on behalf of the appellant seeking condonation of delay of 705 days in filing the accompanying appeal.

(2.) Mr. Rajan Sood, learned counsel for the appellant, has submitted that after passing of the impugned judgment, the appellant could not file the accompanying appeal in time on account of paucity of funds and inability to obtain timely legal advice. In support, learned counsel has placed reliance on the decision of a Co-ordinate Bench of this Court in Mohsina and Ors. v. Union of India and Ors. reported as 2017 SCC OnLine Del 10003; of the Gujarat High Court in Wasim Shamshulhak Shaikh v. Union of India reported as 2018 SCC OnLine Guj 3330; and 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.) It is worthwhile to note that in Mohsina (Supra), 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:-