Narendra Kumar Jain, J. - (1.) Heard learned counsel for the appellants on the application under section 5 of the Limitation Act, for condonation of delay of 71 days in filing the appeal as well as on merits of the appeal also.
(2.) The appellant has explained the delay of 71 days in paras No. 1 and 2 of her application which are reproduced as under:- "1. That the above named appeal has been filed against the impugned award dated 08th February 2006 passed by MACT Tonk, in MAC no. 372/2004. 2. That the last date of filing the appeal after adjusting the period of obtaining the certified copy of the award was 09th May 2006. The claimant while receiving the knowledge of award requested his counsel that he want to file the appeal of the same before higher court and also asked the counsel to arrange a lawyer for the same. The counsel for the appellant assured him that he will send the relevant papers to Jaipur so that his appeal be filed. Due to some miscalculation of period of limitation the file of the claimant was tagged along with other connected matters. When on 22nd July 2006 the appellant contacted the counsel at trial court to find the status of his appeal then this mistake came into the knowledge of the appellant. He immediately collected the file from his counsel at trial court and came to Jaipur. Now the appeal is filed without any further delay.
(3.) The appellant is required to explain the delay of each day whereas the aforesaid facts mentioned in the application have not explained the delay satisfactorily. In these circumstances, I am not inclined to condone the delay of 71 days in filing the appeal.;