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2023 Supreme(Raj) 1251

MADAN GOPAL VYAS
Devendra Singh S/o Shri Bharat Singh – Appellant
Versus
Vinod Kumar S/o Hansraj Mirasi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ravi Panwar.
For the Respondent: K.R. Saharan.

JUDGMENT :

MADAN GOPAL VYAS, J.

1. The present civil miscellaneous appeal is listed in Defects category.

2. As per office report, the appeal is time barred by 690 days and the appellant has preferred an application under Section 5 of the Limitation Act for condonation of delay.

3. Learned counsel for the appellant submits that the delay in filing the appeal is not intentional. It is further submitted that the delay in filing the appeal has occurred due to lack of information about the outcome of the decision of the claim petition filed before the learned Tribunal. Further, learned counsel for the appellant submits that the appellant received injuries in the accident and sustained 20-25% of permanent disablement. He is poor and illustrate person and does not have much knowledge about the legal proceedings. Therefore, the delay in filing the present appeal occurred.

4. Per contra, learned counsel appearing for the respondents, while opposing the prayer made by learned counsel for the appellant submits that there is a gross delay of 690 days and there is no sufficient reason which explains the said delay and thus, the same may not be condoned.

5. Heard learned counsel for the parties and pe

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