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2005 Supreme(MP) 507

R.V.RAVEENDRAN, A.K.MISHRA, K.K.LAHOTI
M. P. State Electricity Board, Jabalpur – Appellant
Versus
Pandey Construction Co. – Respondent


Advocates:
M.L. Jaiswal with R.S. Jaiswal, Sanjay K. Yadav and Mohd. Nasir for petitioners; V.R. Rao and K.C. Ghildiyal for respondents.

ORDER

Mishra, J.--1. In C.R. No. 133012003, question has been referred for consideration of Larger Bench as to applicability of section 5 of Limitation Act to a revision preferred under section 19 of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as "the Act of 1983") beyond period of limitation in the High Court. Revision is barred by limitation. Application has been filed seeking condonation of delay in filing the revision. Correctness of the decision of Division Bench in Nagarpalika Parishad, Morena v. Agrawal Construction Co. [2003(II) MPWN 152 = 2004(II) MPJR SN 55] taking the view that in the absence of provision in Act of 1983 delay cannot be condoned under section 5 of Limitation Act has been referred for consideration of Larger Bench on 7.5.2004 in the light of decision rendered by the apex Court in Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker, [(1995) 5 SCC 5 =AIR 1995 SC 2272]. In C.R. No. 633/2003, C.R. No. 1000/2003 and C.R. No. 151/2004, similar question has been referred. After the reference was made, Special Leave Petition arising out of Division Bench decision in the matter of Nagar Palika Parishad, Morena (supra) has been dismissed by th




































































































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