SURENDER SINGH AND ANOTHER Vs. DHARAMBIR AND ANOTHER

JUDGEMENT

(1.) This appeal had been filed by the owner-driver against the award dated 25.3.2011.

(2.) Along with the appeal an application had been filed under Section 5 of the Limitation Act seeking condonation of delay of 1993 days. The appellants failed to disclose any sufficient reason in his application and only mentioned that their grounds of appeal may be read as part of their application. The grounds should have been specifically pleaded in the application.

(3.) I have heard the counsel for the applicants. The counsel fairly concedes that service had been effected on the owner-driver and they were contesting the petition and had also filed the written statement. The counsel submits that as the vehicle was insured and licence had been produced therefore they did not consider it necessary to appear thereafter and were proceeded ex-parte. Counsel further submits that when the execution was filed and notice was received then they came to know that there was an adverse order and filing of appeal was delayed.