1. CAN 7159 of 2016 is an application for condonation of delay in presentation of FMAT 1516 of 2012. FMAT 1516 of 2012 has been filed 184 days beyond the period of limitation as it appears from the report of the Stamp Reporter, although the appellant in the application has pleaded that the appeal is delayed by 234 days.
2. In support of the prayer for condonation of delay, the appellant has pleaded in his application that he is a rustic villager who had no knowledge of the time within which the High Court could be approached against the judgment and award of the Railway Claims Tribunal. It is for such reason that the delay was caused.
3. The prayer for condonation of delay has been seriously opposed by Mr. Datta, learned advocate for the respondents referring to the affidavit-in-opposition filed on its behalf. Mr. Datta has argued that the appellant having approached the tribunal well within time, cannot be heard to say that he was not aware of the other provisions of the relevant statute requiring him to present an appeal within a stipulated period. He has, accordingly, prayed for dismissal of the application.
4. We have heard learned advocates for the parties. Considering the fact that there is no specific denial by the respondent that the appellant is a rustic villager, and regard being had to his claim of ignorance of the legal provisions resulting in belated presentation of the appeal, we are of the considered view that the appellant should not be told off at the threshold. It is true that ignorance of law cannot be an excuse but considering the conditions that are prevalent in rural areas which suggest lack of awareness of villagers in respect of provisions which are intended to provide them ameliorative relief, we consider this to be a proper case where delay ought to be condoned. Accordingly, CAN 7159 of 2016 stands disposed of.
5. The appeal may be registered if it is otherwise in form.
6. Since Mr. Datta has entered appearance on behalf of the respondent, service of notice appeal upon it is dispensed with.
7. The records of the tribunal shall be called for at once by special messenger, at the costs of the appellant. Costs be deposited within a week from date. In default thereof, the lower court records shall be called for in usual course.
8. Upon a report being submitted to the effect that the lower court records are complete, notice of arrival thereof shall be served on Mr. Mittal, learned advocate for the appellant to enable him file requisite number of informal paper books, either type-written, printed or cyclostyled, incorporating all papers used before the claims tribunal within eight weeks from date of service of notice of arrival of the lower court records.
9. As soon as the paper books are filed, the parties shall be at liberty to mention the appeal for ‘Hearing’.