Narendra vs Balmukund
2023 Latest Caselaw 7653 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      MA No. 1904 of 2017
                                           (NARENDRA AND OTHERS Vs BALMUKUND AND OTHERS)

                          Dated : 10-05-2023
                                Shri Pushpendra Dubey - Advocate for the appellants.

                                None for the respondent No.1, though served.

Shri Narendra Nath Tripathi - Advocate for the respondent No.2. Shri Santosh Tiwari - Advocate on behalf of Shri Shailendra Pandey, advocate for respondent No.3.

Heard on I.A.No.10244/2017, an application under Section 5 of Limitation Act for condonation of delay of 129 days in filing the Appeal.

Learned counsel for the appellants submits that the appellants are poor persons and they were not aware about the period of limitation. It is submitted that when local counsel apprised them for filing of an appeal for enhancement, then appellants arranged the necessary documents and funds to file the appeal and thereafter they came to Jabalpur and met with the counsel and filed this appeal. The delay in filing the appeal is bona fide, hence it is prayed that the application be allowed and delay be condoned. In support of his contention

learned counsel placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Uttamrao & Another Vs. Maharashtra State Road Transport Corporation, 2023 ACJ 643.

Learned counsel for the respondent No.2 vehemently opposed the prayer and submits that the ignorance of law is not an excuse. In this regard he placed reliance on the order passed by the Hon'ble Apex Court in the case of The Swadeshi Cotton Mills Co. Ltd. Vs. The Government of U.P. & Others, (1974) 3 CurTR 9.

Signature Not Verified Signed by: ANURAG SONI Signing time: 5/11/2023 5:22:30 PM

The case upon which reliance is placed by the learned counsel for the respondent No.2, was filed under Article 226 of the Constitution of India, while the present appeal is arising out of the provisions under Section 173 of the Motor Vehicles Act. It is a death case and in such cases a liberal view ought to be adopted. In view of aforesaid, I.A.No.10244/2017 is allowed and delay of 129 days in filing the appeal is hereby condoned.

Accordingly, I.A.No.10244/2017 is disposed of. List for final hearing at motion hearing stage in the week commencing 10/07/2023.

(AMAR NATH (KESHARWANI)) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 5/11/2023 5:22:30 PM