LAWS(HPH)-2011-4-15

SENU Vs. SURESH SHARMA

Decided On April 08, 2011
SENU Appellant
V/S
SURESH SHARMA Respondents

JUDGEMENT

(1.) THIS application has been preferred by the applicant-appellant under Section 5 of the Limitation Act praying for condonation of delay of one year and ten months in instituting the present petition.

(2.) THE ground pleaded is that the appellant is an illiterate and poor lady and she could not understand as to what order has been passed by the learned Tribunal. She wanted to institute the appeal, but was not advised by her advocate to do so.She thereafter went to the Court alongwith her neighbour and applied for a copy of the judgment on 24.4.2010 which was received by her on 25.5.2010. She did not have enough money to come at Shimla. THE application then proceeds:-

(3.) IN Balwant Singh (Dead) vs. Jagdish Singh and Others, (2010)8 SCC 685, the Supreme Court has laid down the law as to what should be sufficient cause for condonation of delay. The Court holds:-