JUDGMENT :

1. Heard Shri Ashok Kumar Bhatnagar, learned counsel for the appellant and Shri Varun Pandey, learned counsel for the respondent-Union of India.

2. The instant first appeal from order arises out of a judgement and order dated 09.02.2000 as well as 21.01.2002 under Section 23 of the Railway Claim Tribunal Act in Claim Case No.9700392 passed by the learned Railway Claims Tribunal, Lucknow Bench, Lucknow dismissing the claim of the appellant in default on 09.02.2000 and rejecting the restoration application by order dated 21.01.2002.

3. The learned Tribunal in the impugned judgement dated 21.01.2002 has declined the application for restoration on the footing that it was time barred and the delay cannot be condoned since the Limitation Act does not apply to the proceedings under the Railway Claim Tribunal Act, 1987 read with Railway Claim Tribunal (Procedure) Rules, 1989.

4. The facts are narrow in compass. The claim case filed by the appellant was dismissed for non prosecution on 09.02.2000. Thereafter, the appellant filed a restoration application on 04.10.2000. There was a delay of 8 months in instituting the application for restoration. The time limit for filing an applicati