LAWS(P&H)-2019-10-121

HARDIP Vs. SUMAN & ANOTHER

Decided On October 04, 2019
Hardip Appellant
V/S
SUMAN AND ANOTHER Respondents

JUDGEMENT

(1.) Prayer in this application filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C. is for condonation of delay of 246 days filing the present revision petition.

(2.) The pleaded grounds seeking condonation of delay are that the petitioner is a poor, innocent and ignorant person, who was not aware of the limitation for filing a revision petition before this Court. However, it is settled law that poverty and ignorance of law are not sufficient grounds for condonation of delay. The judgment in the case of Mrs Saroj and others Vs. Sh. Baljeet Singh and another 2010(3) RCR(Civil) 929, relied upon by counsel for the petitioner, whereby delay of 447 days in filing the appeal was condoned, is of no help to the petitioner, as in that case, the delay was condoned in an appeal against the award passed by Commissioner under the Workmen's Compensation Act , 1923, which is a beneficial legislation, whereas in the case in hand, the dispute is between family members and only interim maintenance has been awarded by the Family Court vide order dated 31.10.2018, which has been challenged by way of a revision petition. The proceedings in the case must have reached at an advance stage and must be on the verge of its culmination. Thus, the cited judgment has no applicability to the facts and circumstances of the present case.

(3.) Accordingly, the application seeking condonation of delay is hereby dismissed.