ARUN BHANSALI, J. - (1.) THE office has reported that the appeal is barred by 1057 days.
(2.) AN application under Section 5 of the Limitation Act has been filed by the appellant, inter -alia with the averments that the appellant is illiterate person and reside in rustic area of village and is very poor and having no source of income. He is daily rated labour, therefore, he did not contact his Advocate. The impugned appellate judgment was delivered by the Court on 14.8.2007 and it is claimed that the appellant met his advocate on 11.8.2010, thereafter, certified copy was obtained and the appeal was filed before this Court on 4.10.2010. It is submitted by learned counsel for the appellant that the appellant being illiterate did not contact the advocate and as the appeal is meritorious, the same should not be dismissed on account of technical aspect relating to delay in filing the appeal. Reliance weas placed on Indian Oil Corporation Ltd. & Ors. v. Subrata Borah Chowlek, Etc.: 2011 DNJ (SC) 183.
(3.) LEARNED counsel for the respondent opposed the submissions made and it was submitted that there is gross delay in approaching this Court. No reasonable cause has been given and if the party decides not to contact his counsel for over three years, no premium can be put on such a conduct. I have considered the rival submissions and the law cited.;