Dhirubhai Naranbhai Patel, J. - (1.) THIS interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 1189 days in preferring this letters patent appeal. Counsel appearing for the appellant submitted that appellant is a poor and illiterate type person and delay has been occurred, partly due to his ignorance and partly due to poverty and partly due to communication gap between petitioner and his advocate and partly due to time has been consumed in taking legal aid. Due to poverty he is unable to approach quickly in this Court in letters patent appeal. He is a class four employee in the respondent -company.
(2.) COUNSEL appearing for the respondent vehemently opposed the condonation of delay and he has relied upon the decision rendered by the Supreme Court reported in : 2012 (3) SCC 563. Having heard counsel for both the sides and looking to the reasons stated in the interlocutory application, it appears that the delay has been occurred due to poverty of this workman and partly due to communication gap between him and his lawyer and some time has been consumed in taking legal advice because of his poverty.
(3.) IN view of this reasons stated in this interlocutory application, we hereby condone the delay of 1189 days in preferring the letters patent appeal.;