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2016 (9) TMI 1632 - BOMBAY HIGH COURTCondonation of delay of about four and half years - whether the delay so caused is sufficiently explained by the appellants and whether the grounds assigned by the appellants for occurrence of such delay can be accepted to be just and sufficient? - HELD THAT:- There cannot be a dispute about the proposition which has been upheld by the Honourable Apex Court in several judgments that a huge delay also can be condoned if justifiable reasons are assigned for occurrence of such delay and, at the same time, if no proper reasons are assigned, the delay of even few days cannot be condoned. In the instant case, as has been observed by the learned Tribunal, the claimants had prayed for condonation of delay putting forth the grounds of illiteracy, poverty and lack of communication between them and their Advocate. It is also the case of the claimants that they did face lot of difficulties in collecting necessary Police papers and getting them translated for the purpose of filing the petition before the Tribunal. All of such grounds are rejected by the Tribunal. The material on record shows that the deceased was a bona fide passenger and valid Railway ticket was found in his pocket at the time of inquest panchnama prepared by the Police machinery. Prima facie material is also there on record showing that the deceased suffered death in an untoward incident. When there is a prima facie merit in the application or appeal, the Courts or the Tribunals shall not shut the doors of justice only on the technical ground of limitation. Delay in respect of such cases has to be liberally condoned where there is a prima facie merit in the case brought out before the Court or the Tribunal. Substantial justice must be the criteria in disposing of the application under Section 5 of the Limitation Act and liberal view has to be taken so as to advance substantial justice. Having considered the material on record evidencing that the deceased was a bona fide passenger and that there is reason to believe that he suffered death in an untoward incident, the delay caused in filing the application deserves to be condoned - Application allowed.
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