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1979 Supreme(All) 242

K.N.SINGH, K.C.AGRAWAL, K.N.SETH
SURENDRA KUMAR GOEL – Appellant
Versus
STATE TRANSPORT APPELLATE TRIBUNAL U P – Respondent


K. C. AGRAWAL, J.

This Full Bench has been constituted on a refer ence made by a Division Bench for deciding the following two questions:

I. Whether Section 5 of the Limitation Act, 1963, would, by virtue of Section 29 (2) of the said Act, apply to revision filed before the State Transport Appellate Tribunal under the Motor Vehicles Act beyond the period of limitation prescribed for filing it ?

2. If the provisions of Section 5 of the Limitation Act are not applicable, will the principle contained in the said section apply to a revision filed as referred to in question No. 1 ?

The facts necessary for appreciating the controversy involved in the present case are these: The petitioner made an application for the grant of a permit on Chandpur-Bijnor-via-Haldwani route. The permit was granted to the petitioner. The permit, however, contained certain conditions. Aggrieved by the conditions imposed in the permit, the petitioner filed a revision under Section 64-A of the Motor Vehicles Act before the State Transport Appellate Tribunal. The revision had been filed beyond the period of limitation pres cribed by the proviso to Section 64-A of the said Act. The proviso lays down that a revision













































































































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