HEM SINGH Vs. KANTA DEVI

JUDGEMENT

(1.) THIS application has been preferred by the appellant under Section 5 of the Limitation Act for condonation of delay in filing the appeal. The appeal is admittedly barred by one year and 63 days.

(2.) THE ground set out for condonation of delay is that the appellant is an illiterate person and could not understand the intricacy of law. He was under the impression that by filing other appeal by the claimants against the judgment, being FAO No.128 of 2009, he would be entitled to the same relief. THE application further proceeds that after the accident, the petitioner herein, who is the owner of the vehicle, was facing acute financial hardship.

(3.) I do not find that this case is covered on any of the grounds considered by the Supreme Court in the judgment supra. Legal, illiteracy and financial constraints are usual grounds advanced for condonation of delay in filing the application. The cost involved in instituting this appeal is not such as would render the petitioner to be a pauper. In this case, the other ground set out is that the petitioner was also under the impression that other appeal which has been preferred would sufficiently take care of his interest. This cannot be considered to be a sufficient cause made out for condonation of delay. The petitioner, who is the owner of the vehicle, cannot plead insufficiency of funds. In these circumstances, I find no merit in this petition which is rejected.