VIJAYARAM TYAGI Vs. SOMIBAI

JUDGEMENT

(1.) PARTIES are heard on IA No.409/14 preferred under section 5 of Limitation Act claiming condonation of delay for 877 days.

(2.) ADMITTEDLY , against the same award the appeal of the claimant, Miscellaneous Appeal No. 1370/2011 has been admitted. It is contended that the appeal is belatedly filed because against the main award the Driver had filed an application under Order 9 rule 13 CPC. The appellant was waiting for the outcome of the said appeal. The said appeal was decided on 13.1.2014 and thereafter the present appeal is filed within time. On this ground it is contended that the delay may be condoned.

(3.) PRAYER is opposed by Shri Agrawal. Shri Agrawal submits that the present appellant did not file any application under Order 9 rule 13 CPC. He cannot be given benefit on the basis of the application filed by the Driver. It is submitted that the application be rejected.