YUNUSBHAI MUMREDBHAI SIPAI Vs. ROSHANBEN MUMREDBHAI SIPAI

JUDGEMENT

(1.) This civil application has been filed praying for condonation of delay of 720 days in filing the captioned First Appeal.

(2.) Learned advocate for the applicant submitted that the learned tribunal has delivered the judgment on 20/1/2018, the advocate for applicant applied for copy of judgment on 19/2/2020 and the copy was delivered to him on 5/2/2020. It is submitted that the advocate of the applicant has informed to the applicants in third week of February, 2018, after getting information about the order passed but they have not discussed about entire merits of the case. It is further submitted that the applicants were distressed due to financial crisis and therefore unable to meet their advocate in the tribunal and thereafter they only could met their advocate in June 2018, after vacation in the court and at that time they were shocked to know that the awarded amount is very less therefore the applicant discussed about the case and the applicant came to know that the tribunal has erred in not considering the case for income and also amount has not been granted under some heads. It is further submitted that the applicants were advised around July 2018 by an advocate relative to get the certified copies of all the relevant documents from the tribunal which needed time and patience. In view of the aforesaid circumstances the delay of 720 days has been caused in preferring the captioned appeal.

(3.) Learned advocate for the applicant has relied upon the judgment of the Hon'ble Apex Court in the case of K. Subbarayudu v. Special Deputy Collector (Land Acquisition ) reported in 2017 (12) SCC 840. It is submitted that the cause for delay should receive liberal construction so as to advance substantial justice. It is submitted that the applicant is ready and willing to forego the interest and the consequential statutory benefits during the delayed period and thus prayed for liberal consideration of the sufficient cause.