U. K. DHAON, R. P. YADAV, JJ.

( 1 ) HEARD Mr. Ravindra Pratap Singh, the learned counsel for the appellant and Mr. Ved Prakash, learned counsel for the respondent.

( 2 ) THIS appeal under section 23 of the railway Claims Tribunal Act, 1987, is directed against the order dated 25. 2. 2004 passed by the Railway Claims Tribunal, lucknow Bench, Lucknow dismissing the application for restoration of the claim petition.

( 3 ) IT appears that the appellant Ram bilas Mahto had filed a claim application before the learned Railway Claims Tribunal, which was dismissed in default on 21. 10. 2002, which was the date fixed for framing issues. He moved an application on 10. 1. 2003 for recall of the order dated 21. 10. 2002. The application was rejected with a finding that there was undue delay in filing the restoration application and the application was barred by limitation because it was not filed within the period of limitation, i. e. , 30 days. Tribunal doubted the genuineness of medical certificate filed by the appellant in support of the restoration application.

( 4 ) IT is against this order, the present appeal has been filed.

( 5 ) IT is submitted by the learned counsel that the appellant

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