Per Justice G.D.Sharma, J. 1. Order dated 27.02.2008 passed by the Learned Divisional Forum, Jammu (hereinafter be referred to as Forum) has been taken in appeal which is time barred by 234 days. The appeal is accompanied by application for condoning the delay. It is stated that the appellant was suffering from spine problem therefore could not approach the advocate and he was advised bed rest. In support of application, he has produced medical prescription of Dr. Rajesh Gandotra which recites that appellant was advised not to take strenuous activity and prolonged journey for six months. The certificate is dated 02.05.2008 and thereafter the appeal was filed on 20.11.2008. 2. The application has been opposed by Mr. Kohli by stating that appellant was not suffering from such a disease which had completely paralyzed him physically and mentally to engage any advocate. According to him this is a lame excuse to get the appeal admitted which has no merit. 3. Arguments of the counsel appearing for the parties were heard. Mr. Kohli has referred internal page 2 of the impugned order wherein in detail it is held:- "the second claim being earlier claim was got investigated and it was found that at the time of filling up proposal form, the insured has withheld the vital information and has given false answers to question No.9,11 and 12 of the Proposal Form. Copy of proposal form dated 19.04.2000 placed on record as Annexure R with written version reveals that insured deceased has mentioned her occupation "Medical Officer J&K Govt." and has not disclosed about the previous policy in (reply to) question No.9 and has also not disclosed that she was suffering from any other disease in answers to questions under clause 11 of the proposal form pertaining to personal history where she has written "No" to other questions and has stated "good" about usual state of health. The question arises as to whether the insured had given false information and had suppressed material information at the time of submitting Proposal Form." During the course of arguments, the counsel for OP drew our attention to Annexure R3 which is certificate of Hospital treatment of assured Smt. Sudesh Sharma and issued by Registrar Medicines Govt. Medical College Hospital Jammu.
The question arises as to whether the insured had given false information and had suppressed material information at the time of submitting Proposal Form." During the course of arguments, the counsel for OP drew our attention to Annexure R3 which is certificate of Hospital treatment of assured Smt. Sudesh Sharma and issued by Registrar Medicines Govt. Medical College Hospital Jammu. The certificate reveals that Smt. Sudesh Sharma had been admitted in the hospital on 17.12.2002 and had complained general weakness and general body weakness and had reported D.M x 3 years. Hypothyroidism x 7 years, -------weak and body swelling x one month. The history is recorded to have been reported by the patient and has been reported to resident on duty and date of discharge is recorded 20.12.2004 and History of illness as per records (case history) has been recorded:- "Known H/O Ty De-2 DM & Hypothyroidism--- presently admitted c H/O Gen. weakness & Gen-body swelling, on investigation found Chronic Renal failure, managed conservatively." (Refer to column 2, 4, 5)(a, b, d, 8 and 11 of annexure R3). 4. After going through the contents of the impugned order we find that there are findings to the effect that insured was also suffering from Diabetes Mellitus being herself a doctor had suppressed the disease at the time of filling the form for obtaining the second policy which is in dispute. We do not find any illegality or infirmity in the impugned order and it requires no interference at the belated stage when the appeal is time barred by 234 days. In this view of the matter, the application is found meritless which is dismissed. Consequently, the appeal is time barred. The appeal be entered in the concerned register as dismissed by time barred. The record of the Forum be returned at once.