SARIFABEN YUSUFBHAI Vs. PASCHIM GUJARAT VIJ CO LTD

JUDGEMENT

(1.) This petition is filed by the petitioners challenging the order dtd. 6/4/2010 passed in Civil Misc. Application No. 2 of 2009 by the learned Additional District Judge and Presiding Officer, Fast Track Court, Veraval, Camp at Una refusing to condone the delay of 10 months and 9 days in preferring the First Appeal against the judgment and decree passed by the learned Additional Senior Civil Judge, Veraval dtd. 31/1/2008 in Regular Civil Suit No. 568 of 2003, whereby the suit filed by the petitioners praying compensation of Rs.1,00,000.00 was rejected for the death of her husband who had died because of electrocution as a consequence of rash and negligent act of the respondent - original defendant in the suit.

(2.) Heard Mr. Asit B. Joshi, learned advocate for the petitioners and Mr. Dipak R. Dave, learned advocate for respondent No. 1 - original defendant in the suit. The explanation offered by the petitioners is that she is a widow and having liability of her minor children, and therefore, she could not prefer appeal within the period prescribed under the Limitation Act . At the sametime, it is sought to be explained by her that she was unable to contact her Advocate within the period of limitation as she was to undertake the liability of bringing up her minor children satisfying all their needs.

(3.) The learned Judge considered it to be no reasonable explanation, and therefore, delay caused in preferring the Appeal was not condoned and the application came to be rejected.