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1996 Supreme(All) 1353

B.M.LAL, B.K.SHARMA
STATE OF U P – Appellant
Versus
BHORI DEVI – Respondent


Shri P. K. Bisaria is heard on the question of condonation of delay in filing the appeal.

2. Admittedly the appeal has been filed beyond 160 days of the period of limitation. While explaining the delay an application under Section 5 of the Limitation Act has been filed.

3. It is contended that the Motor Accident Claims Tribunal passed an Award on 8-2-96 against the appellant-State and an application for certified copy of the Award was made on 13-2-96. The certified copy of the Award was delivered on 15-3-96. However, the appeal is filed on 29-11-96 and that is why the appeal become barred by limitation i. e. beyond time by 160 days. Since the certified copy was delivered on 15-3-96 the appeal could have been filed on 22-6-96 which was the last date of limitation.

4. The explanation furnished for such a long delay is that official correspondence took time, but nothing has been brought on record or suggested the action taken by the officers of the appellant for taking necessary steps to file and prosecute the appeal diligently because each days delay requires to be explained showing sufficient cause and good cause which has prevented the appellant to prefer the appeal well within the










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