SOMESH SINGH Vs. BACCHU SINGH AND OTHERS

JUDGEMENT

(1.) Heard on I.A. No. 1350/2009, on application under Sec. 5 of Limitation Act seeking condonation of delay in filing the instant Misc. Appeal. As per office report, appeal is barred by 979 days.

(2.) Facts necessary for disposal of the application are to the effect that award was passed on 20th Sept., 2006. Application for obtaining certified copy of the award was filed on 22nd July, 2009 by the appellant. Certified copy of the award was supplied to the appellant on 25th July, 2009. Appeal was filed on 24th Aug., 2009. As such, from the date of the award till the date of filing of the application for obtaining certified copy of the award, more than 3 years period has passed by. The appellant is required to explain the delay caused in applying for certified copy of the award after three years.

(3.) The submissions advanced by the learned counsel for the appellant is to the effect that since appellant is in Government service working as constable in CRPF posted at Jammu and Kashmir at the relevant time, he has no knowledge as regards passing of the award, therefore, no occasion was arisen for him to apply for certified copy thereof. However, no sooner did he come back on leave to Gwalior on 22nd Aug., 2009, he acquired the knowledge in the matter of passing of aforesaid award, copy whereof was supplied to him by his counsel on 25th July, 2009. He has filed the appeal on 24th Aug., 2009 and the delay caused in filing the appeal is for the reason of lack of knowledge because of outstation posting of the appellant in Jammu and Kashmir Therefore, it is prayed that the delay so caused is bona fide in nature and, therefore, indulgence of the Court is warranted for condoning the delay in filing the appeal under such circumstances, as the provisions under Sec. 5 of the Limitation Act are required to be applied keeping in mind the concept of justice, equity and good conscience, the delay may be condoned.