PRIYANKA AND ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 09.02.2026 Pronounced on : 13.02.2026 Uploaded on : 13.02.2026 + FAO 55/2021 PRIYANKA AND ORS .....Appellants Through: Mr. Rajan Sood, Ms. Ashima and Ms.Megha Sood Advocate versus UNION OF INDIA .....Respondent Through: Mr. Chiranjiv Kumar and Mr. Mukesh Sachdeva, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 4554/2021 (For condonation of delay of 255 days in filing the appeal) 1. By way of the present application filed under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the appellants seek condonation of delay of 255 days in filing the present appeal. 2. Learned counsel for the appellants submits that after passing of the judgment/order dated 12.12.2019 (hereinafter referred to as the “impugned Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:13.02.2026 16:31:14 FAO 55/2021 Page 1 of 9 judgment”), the appellants could not file the present appeal within the prescribed period. It is submitted that the delay is bona fide and was caused on account of paucity of funds. 3. Learned counsel for the respondent, on the other hand, opposes the application. 4. It is noted that a substantial portion of the delay, being approximately 230 days falling between 15.03.2020 and the filing of the appeal, stands excluded in terms of the order passed by the Supreme Court in Suo Motu Writ Petition (Civil) No. 3/2020. It is also noteworthy that in Mohsina v. Union of India1, a Co-ordinate Bench of this Court condoned a delay of 804 days in filing the appeal, taking into account the poor economic condition of the appellants/claimants. 5. Considering the facts and circumstances of the present case, and guided by the principles la