UOI Vs. MAIMUM NISHA

JUDGEMENT

(1.) THERE is a 93 days delay in filing the appeal. Vide CM no. 4440/2008 delay in filing the appeal is prayed to be condoned. I am considering prima facie the merits of the appeal while considering condonation of delay for the reason law is that if a claim is otherwise meritorious it should not be thrown out on account of limitation. I am also considering the cause shown for delay to be condoned.

(2.) LAW pertaining to condonation of delay as it has grown in this country has inter mingled with prima facie case to be considered while considering the sufficiency of the cause shown for delay to be condoned.

(3.) MOHD. Aarif, held to be a bona fide passenger in a train, a finding not challenged in the instant appeal, had boarded a train to undertake journey from Sarai Rohilla Railway Station to Barauni Junction. The journey was undertaken by the young boy on 6. 4. 2005.