BRIJESH KUMAR AND ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 19.03.2026 Pronounced on : 04.04.2026 Uploaded on : 04.04.2026 + FAO 49/2022 BRIJESH KUMAR AND ORS .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Shubhra Parashar, Mr. Virender Pratap Singh Charak, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 10641/2022 (Seeking condonation of delay of 1326 days in filing the appeal) 1. By way of the present application, the applicants/appellants seek condonation of delay of 1326 days in filing the appeal. 2. Learned counsel for the appellants submit that appellants being aged parents of the deceased, reside in Village Malepura, P.S. Lavedi, District Etawah, U.P. and after passing of the judgment dated 14.11.2017, they were unable to file the appeal within the prescribed time, as the certified copy of the said judgment was received by them on 30.07.2021. It is further submitted that the appellants are poor and illiterate persons, and belong to an Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 49/2022 Page 1 of 7 Signing Date:04.04.2026 18:03:29 economically weaker section and, due to paucity of funds, were unable to get in contact with a counsel and obtain timely legal advice. 3. Learned counsel for the respondent, on the other hand, opposes the present application. 4. It is noteworthy that in “Mohsina vs. Union of India”1, a Co-ordinate Bench of this Court condoned a delay of 804 days in filing the appeal, taking into account the weak economic condition of the appellant/claimant. Similarly, this Court in “Shalini Gihar vs. Union of India”2, allowed the application, and a delay of 1122 days was condoned, considering the financial hardship of the ap