K.C.AGRAWAL, J. - (1.) THIS is an application Under Section 5 of the Limitation Act filed for condonation of delay in filing the appeal, which has been preferred beyond the prescribed time of limitation, Under Section 110-D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal/District Judge, Jaunpur, dated 17-5-1980.
(2.) THIS appeal was presented for reporting on 5-4-1983. It was accompanied with the certified copy of the judgment of the Claims Tribunal, which was applied for on 5-1-83 and was made abailable on 26-3-83. The appellants obtained the certified copy on 2-4-83, and thereafter, as stated above, presented the memorandum of appeal in this Court on 5- 4-83 for reporting. For condonation of delay of 963 days the appellants have filed the aforesaid application supported by an affidavit. The appellants have stated in the affidavit that Om Prakash (arrayed as respondent No. 1 in tne appeal), who was their own brother, was given money and papers for the purpose of filing the appeal in this Court, but the said Om Prakash did not do so. Subsequently Lalji, the guardian of the minor appellants, learnt that the appeal has not been filed by Om Prakash.
(3.) WE are of opinion that the averments made in the affidavit are false. Om Prakash was a joint beneficiary of the award along with the appellants. It could not be said he had any ulterior motive in not filing the appeal within time. Even the Certified Copies of the award as well as that of the decree obtained for the purpose of filing the appeal have not been filed before us. Counsel urged that those papers had been handed over to Om Prakash and, as such the appellants are unable to produce the same before the Court.;