PINKI KUMARI & ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 03.02.2026 Pronounced on : 04.02.2026 Uploaded on : 04.02.2026 + FAO 15/2019 PINKI KUMARI & ORS .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood & Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Pratima N Lakra, CGSC with Mr.Shailendra Kumar Mishra, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 1417/2019 (delay of 130 days in filing the present appeal) 1. The present application has been filed under Section 5 of the Limitation Act, 1963, read with Section 151 of The Code of Civil Procedure, 1908 (CPC) on behalf of the appellant seeking condonation of delay of 130 days in filing the accompanying appeal. 2. Mr. Rajan Sood, learned counsel for the appellant, has submitted that after passing of the impugned judgment, the appellant could not file the accompanying appeal in time on account of paucity of funds and the resultant inability to obtain timely legal advice. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 15/2019 Page 1 of 7 Signing Date:04.02.2026 19:46:29 3. At this stage, it is pertinent to mention the decision rendered by a Co- ordinate Bench of this Court in Mohsina v. Union of India1; wherein a delay of 804 days in filing of the appeal was condoned taking into account poor economic status of the appellants/claimants. 4. In the present case, the appellants, due to paucity of funds, were unable to seek legal advice in time or instruct a counsel to file the appeal. 5. Considering the aforesaid facts and circumstances, as well as the import of the decision in Mohsina(supra), the application is allowed and the delay in filing the accompanying appeal is condoned. 6. The application is disposed of accordingly. FAO 15/2019 1. The pres