- (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, which is reported to be barred by limitation by one year and 103 days.
(2.) Heard learned counsel for applicants-appellants and perused the record.
(3.) The only explanation furnished in the affidavit filed in support of this application contained in para-3, 4, 5, 6 and 7 reads as under: "3. That the claimants are very poor and belong to lower strata of the society. It may also be pointed out that they have no sufficient source of earning & living and were completely dependent upon the income of the deceased. More so the claimants belong to a rustic background and are not aware with the practice and procedure of law. 4. That after passing the impugned judgment/order dated 11.8.2016 and upon advise by the local counsel decided to assail the impugned judgment/award before the Hon'ble Court. 5. That thereafter the deponent contended Shri Aditya Singh Parihar Advocate in the last week of August, 2018 whereupon upon perusing the records it revealed that certain necessary records i.e. certified copy of the Award/Decree were missing. 6. That accordingly the deponent went back to arrange the necessary expenses as well as the relevant documents. However the claimants/deponent owing to his old age and for agricultural reasons (through which his family is barely subsisting). 7. That subsequently after arranging for the aforesaid he came to Allahabad in the second week of February 2018 whereafter the present appeal was prepared and is being filed without any further delay. The delay so caused was on account of aforestated bonafide and compelling circumstances, which may kindly be condoned in the interest of justice.";