NATIONAL INSURANCE CO. LTD Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing CIMA 88 of 1987. When the main appeal was preferred, it was not accompanied by any application for condonation of delay and it was during its pendency that the appellant realised about the delay in filing-of the said appeal and, therefore, preferred this application.

(2.) THE appellant's case, as set out in the application, is that the judgment of the Tribunal was delivered on 28.7.1987, the applied for a certified copy of the judgment on 29.8.1987, deposited the copying fee on 31.8.1987 and that the copy was prepared and issued to the appellant on 7.9.1987. Whereas the period of limitation for preferring the appeal was to expire on 27.10.1987 the appeal was actually filed on 3.11.1987. There is thus, a delay of eight days in filing the said appeal. It is through this application that the appellant wants to have that delay condoned.

(3.) THE appellant has not mentioned a word in the application as to what happened between 7.9.1987 to 3.11.1987, the dates between his getting the copy and the filing of the appeal. Mr. D. S. Thakur, learned Counsel for the appellant, has referred to a Full Bench judgment of this Court in the case of