RAKESHBHAI ANANDSINH MAVI Vs. AMERSINGBHAI DALSINGBHAI GARI

JUDGEMENT

(1.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 161 days caused in preferring the appeal.

(2.) The learned advocate for the applicant submits that as the applicant was suffering from physical disability and is from a labour class and being unorganized labourer, he would not have received timely legal assistance. Further, it is stated that compensation amount was not deposited in time so as to make arrangements for the Court fees and other expenses, and all this, led to delay in filing the first appeal.

(3.) As against this, learned advocate Mr. Mazmudar for the respondent No. 3 stated that it is not necessary to explain everyday's delay but sufficient cause has to be raised for the exercise of discretion of the Court to condone the delay and thus, stated that the applicant would not be entitled for the interest for the delay period.