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1991 Supreme(All) 404

N.N.MITHAL, G.D.DUBEY
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
KEDAR SINGH – Respondent


Advocates Appeared:
D.K.S.Rathor, T.RATHORE, Y.S.Rathore

N. N. MITHAL, J.

( 1 ) AN application under S. 5 of the Limitation Act is the subject of consideration by us. On 20-8-1990 when the Stamp Reporter gave his report on the memo of appeal it mentioned that the appeal would be within time up to 14/10/1990. The appeal was actually presented on 21/08/1990.

( 2 ) THE appeal came up for admission before the Court when it was observed that the certified copy of the judgment appeared to have been tampered with. In the column meant for indicating the date when the copy was ready there appeared to be some overwriting and in place of 2/05/1990 the words and figures 27-7-90 seemed to have been overwritten. On suspicion being aroused the court directed the Stamp Reporter to submit a fresh report. In the meantime Sri Y. S. Rathor, had also put in appearance for the respondent to oppose it and, therefore, he was also granted time to file a counter-affidavit but none has yet been filed. The Stamp Reporter submitted a fresh report on 27/08/1990 showing his inability to give any definite report in the matter unless a report from the District Judge, Gorakhpur is obtained as to the correct date when the copy was ready. Accordingly, on 7-9-1990 the Court

















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