- (1.) This is an application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay in filing appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988"), which is reported to be barred by limitation by 3 years and 326 days.
(2.) Heard learned counsel for applicants-appellants and perused the record.
(3.) The explanation furnished in the affidavit filed in support of this application simply says that appellant-1 is only Class-5th passed and a Labourer and his wife, appellant-2, is illiterate. He got opinion/legal advise to file appeal only on 26.01.2018 when he was travelling from Delhi to Allahabad and met an Advocate who advised him so and it was just a chance that he got this opinion. However, we find no truth in the said explanation and it is not believable for the reason that in the Court below, appellants were represented through counsel and what opinion was administered by the said counsel nothing has been said in this regard.;