MANJUBEN Vs. GANPATBHAI BHAVSINGBHAI GAMIT

JUDGEMENT

(1.) Heard learned Advocate Mr. Nishit A. Bhalodi for the Applicants / Appellants and learned Advocate Mr. Yogi K. Gadhia for Opponent No.3 / Respondent No.3. Though served, none has remained present on behalf of Opponent Nos. 1 and 2.

(2.) Rule.

(3.) The Applicants / Appellants [Original Applicants] have filed this Application under Sec. 5 of the Limitation Act for the prayer to condone the delay of 3427 days in preferring the Appeal against the order dtd. 30/7/2010 by the learned Judge, M.A.C. Tribunal (Main), Bharuch in M.A.C.P. No. 210 of 2007 on the ground that the Applicants were not being well educated and belonging to the lower strata of the society were not aware regarding the possibilities of enhancement of compensation and therefore the Applicants could not file First Appeal in time. It is further the ground that the Applicant No.2 - minor Jagruti attained majority on 1/6/2018 and when she came to know about the compensation amount allowed for the accidental death of her father, she contacted the Advocate at Bharuch and sought legal advise from him on 6/6/2019. That the Applicant applied for the certified copy of judgment and decree on 16/11/2019 and received the same on 30/11/2019. The Applicants' Advocate sent the certified copy to the Advocate on 6/12/2019 who sent the affidavit and draft of memo on 15/12/2019 and thus there is a delay in filing the First Appeal. It is also submitted that to collect the necessary papers from the Advocate the Applicants have to arrange for expenses and thus the time has spent in arranging the funds. It is therefore submitted that under such circumstances, the Applicant could not prefer Appeal within the limitation period.