LAXMIBA Vs. DILUSINH RAJITSINH JADEJA

JUDGEMENT

(1.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicants have prayed for condonation of delay of 127 days caused in preferring the restoration application.

(2.) The learned advocate for the applicants submits that the applicants had moved the appeal challenging the judgment and award of the Tribunal, however, the same came to be dismissed for default, for want of prosecution, on account of non-removal of office objections, without having been given an opportunity to explain the cause and upon coming to know about such dismissal, the applicants took the steps and filed the restoration application, however, the applicants being widow and the children of the deceased and since did not know the nitty-gritty of law, there is a delay in filing the restoration application.

(3.) In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others, AIR 1987 SC 1353 it has been observed as under: