- (1.) This defective appeal challenging the award dated 24.2.2007 passed by MACT/Addl. District Judge Court no. 4, Budaun in MACP no. 47 of 2007 Asif Vs. Babu Khan and another, whereby compensation of Rs. 1,57,000/- had been awarded to minor claimant-respondent no. 2, has been filed after delay of four years and 220 days along with an application u/s 5 Limitation Act for condonation of delay We have heard the arguments of parties' counsel on delay condonation application and perused the documents filed along with appeal as also the affidavit filed in support of application. The grounds for condonation of delay have been mentioned in paras-2 to 6, which are reproduced as under:
(2.) "That due to misadvice of his counsel in the Court below against the judgment and decree dated 24.2.07/27.2.07 the appellant filed review petition no 7/07 in the Court below.
(3.) That the above noted review petition was also decided and dismissed on 16.11.2011 by the Court below. As such the matter remained pending in the Court below for about four years and 10 months.;