JUDGMENT (Oral)

CM APPL. 54410/2022

1. An application under Section 5 of the Limitation Act has been filed for condonation of delay in filing the appeal against judgment and decree dated 19.11.2019 allowing the petition of divorce filed by the respondent.

2. It is submitted in the Application that the appellant was unable to receive the copy of judgment. When she was somehow able to manage a copy of the same, she searched for the present counsel, however, due to Covid-19 Pandemic, the appeal could not be filed. After the Lockdown was lifted, she again approached her lawyer, who lost his file. It is only after arranging the documents that the appeal was prepared by the learned counsel, but in the process there was a delay of 344 days which may be condoned.

3. Submissions heard.

4. The appellant has filed the present appeal on 14.11.2022 against the judgment dated 19.11.2019. On the date of judgment there was no Lockdown, which got imposed from March, 2020 by which time the 90 days for filing the Appeal, had already expired. Since the period of Appeal had already expired before imposition of Lockdown, she cannot claim benefit of excluding the period from 15th March, 2020 till 28th