UNITED INDIA INSURANCE CO LTD Vs. KAMALA HAZRA

JUDGEMENT

(1.) This is an application under section 5 of the Limitation Act for condonation of delay of 55 days in preferring the appeal.

(2.) After hearing the learned advocates for both the parties and considering the application, it appears that the inability of the appellant to prefer the appeal within the prescribed period of limitation was not because of any laches or negligence on his part but because of the circumstances beyond his control. It appears to this court that the learned advocate appearing for the appellant who was dealing with the matter became sick as a result whereof he was unable to prefer the appeal within time. We are, therefore, of the view that the appellant was prevented by sufficient cause in preferring the appeal within the prescribed period of limitation.

(3.) This application is, therefore, allowed. The delay in preferring the appeal is hereby condoned. Let the appeal now be registered.