- (1.) The matter comes up on an application no. 4801 dated 11th February, 2011, whereby the appellants have implored to condone the delay of 1796 days in filing the appeal.
(2.) Learned counsel for the appellants canvassed that the claim petition was dismissed by the learned Tribunal on 12th December, 2005. Thereafter, they filed an application under Order 9 Rule 9 of CPC for restoration of the same, which also came to be dismissed as not maintainable by the Tribunal vide order dated 4th January, 2011. Learned counsel implored that in the interest of justice, the period of limitation, during which the appellants were prosecuting the application under Order 9 Rule 9 of CPC may kingly be excluded and the delay in filing the appeal may be condoned.
(3.) It is relevant to record that the appellants are required to explain these 1796 days' delay in filing the appeal. The appellants were required to file an appeal within 60 days, whereas they have filed the same after 1796 days of the expiry of period of limitation. The explanation furnished by the appellants appears to be omnibus and general in nature as day to day delay has not been explained. The explanation is required to be specific and not evasive. In the absence of any specific explanation, I find no sufficient ground to condone the inordinate delay of 1796 days in filing the appeal and thus, the application filed under section 5 of the Limitation Act deserves to be dismissed, which stands dismissed accordingly. 5. Consequent upon the dismissal of application under Section 5 of Limitation Act, the appeal does not survive and that also stands dismissed.;