Charan Singh vs Union of India - 2023 Supreme(Del) 1883

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2023 Supreme(Del) 1883

MANOJ KUMAR OHRI
Charan Singh – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Rajan Sood, Advocate, for the Appellant.
Mr. Jivesh Kr. Tiwari, Senior Panel Counsel, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CM APPL. 7473/2021

1. The present application has been filed under Section 5 of the Limitation Act, 1963 read with Section 151 CPC on behalf of the appellant seeking condonation of delay of 705 days in filing the accompanying appeal.

2. Mr. Rajan Sood, learned counsel for the appellant, has submitted that after passing of the impugned judgment, the appellant could not file the accompanying appeal in time on account of paucity of funds and inability to obtain timely legal advice. In support, learned counsel has placed reliance on the decision of a Co-ordinate Bench of this Court in Mohsina & Ors. v. Union of India & Ors. reported as 2017 SCC OnLine Del 10003; of the Gujarat High Court in Wasim Shamshulhak Shaikh v. Union of India reported as 2018 SCC OnLine Guj 3330; and of the Bombay High Court in Smt. Kokilabai wd/o Shankarrao Choudhari v. Union of India, thr. its General Manager, Central Railway, Mumbai, FAO 6007/2019.

It is further submitted that in view of the decision of the Supreme Court in In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No.3/2020, the delay of 166 days from 15.03.2020 to 28.08.2020 stands con