H. N. TILHARI, J. ( 1 ) HEARD learned Counsel for the appellant. The cause for delay in re-filing the appeal has been stated in paragraph 2 of the affidavit:"that I have filed the above appeal on 30-5-1994 personally on the instructions of my Counsel. The office returned the papers on 15-6-1994 with some objections. My Counsel wrote to me in the third week of June asking me to visit his office in the first week of July to comply with the office objections. Since my father had expired leaving a big vacuum in the family, I had to set right the things in my family. I had no money even to pay for the Court fees, etc. I had to admit my children to school. I had to repay the debts incurred for the hospitalisation of my father". The allegation in paragraph 2 firstly shows that the appellant's father had died during the period he had to refile the appeal and as he had to set right the things in his family and to meet the expenses of the litigation, as the appellant was in difficulty on account of paucity of funds. He has stated that he had no money to pay even the Court fee etc. He has further stated that he had to admit his children to school and had to repay the debts incurred for the hospitalisation of his father. ( 2 ) THESE allegations of fact have not been challenged. It is well settled principle of law that persons should not be deprived the course of Justice because of economic disability. ( 3 ) ONE of the principles laid down in the Constitution is that the State shall secure that the operation of the legal system promotes Justice on the basis of equal opportunity shall ensure that opportunities for securing Justice are not denied to any citizen by reason of economic or other disabilities. "the State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities". "the State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities". Sovereignty of State vests in the three wings of State namely the Judiciary, the Political Executive (President and the Cabinet) and the Legislature and the three form the part of the State and as such it is the duty of Judiciary with the High Court and supreme Court as Courts of Record as well in addition other two organs of the State to see that because of the financial difficulty and disability no person is denied the opportunity of seeking justice from the Courts of Law. The Constitution assures Justice, social, Political and Economic and to speak Article 39-A of the constitution of securing Justice simply on account of economic hardship or economic disability or on account of similar disabilities expressly ordains the State to see that no person is denied opportunities. Taking into consideration the basic theme of Constitutional law, I am of the opinion, that if a person on account of poverty or disability of like nature, is unable to come before the Court to seek Justice it is the duty of each organ of State to take steps within its sphere to remove those hurdles. That being the theme of the Constitution, in my opinion, if delay has been caused because of the financial difficulties or economic disability then that should, in the eyes of law, be deemed to be sufficient cause for condoning the delay under Section 5 of the Limitation Act. In this view of the matter, I am of the opinion that the appellant has shown sufficient cause for not re-filing the appeal within the time prescribed. Delay is condoned. --- *** --- .