GUMANSING SAGJI JADAV Vs. BALUBA

JUDGEMENT

(1.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 201 days caused in preferring the cross objection.

(2.) The learned advocate for the applicant submits that the applicant wants to file cross objection and delay has occurred since after having received notice of rule in First Appeal No. 3177 of 2021 it is submitted by the learned advocate for the applicant that the present applicant is respondent in motor accident claim petition No. 738 of 1999 and since, he was already appearing in the matter, the applicant was surprised to receive the notice of another appeal and on inquiry about the same, he was advised to prefer cross objection but because of Covid-19, he could not timely contact the Advocate and only after receiving the certified copy, he could prefer the cross objection and that has led to delay in filing the cross objection.

(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: