ADITI DAS Vs. SESHADEV DAS

JUDGEMENT

(1.) Heard learned counsel for the appellant-petitioner and learned counsel for the respondent-opposite party.

(2.) This is an application under Section 5 of the Limitation Act, 1963 to condone a delay of 2 years, 2 months and five days in preferring the MATA against the judgment and ex-parte decree passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No.287/2009, as per the order dated 27.03.2015.

(3.) The impugned judgment was passed on 27.03.2015 and accordingly the appeal should have been preferred within 90 days but the same is filed after a delay of 2 years, 2 months and 5 days. The reason for delay is stated to be due to the fact that the respondent all through was assuring the appellant that he would make provision for the children both financially and otherwise. As the petitioner did not have sufficient means to maintain herself and the children, she could not pursue the matter.