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2017 Supreme(MP) 312

R.S.JHA, A.K.JOSHI
Kapil – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellants :Shri Aditya Adhikari, Learned Senior Counsel, Shri Jagat Singh, Shri M. Shafiquallah, Shri J.L. Soni, Shri Arpan Shrivastava, Shri Rajesh K. Soni, Shri Rohit Jain, Shri Chandrahas Dubey, Shri P. Pareekh, Shri Pushpendra Dubey and Shri Hemant Kumar Chouhan, Advocates.
For the Respondents:Smt. Amrit Ruprah, Shri Govind Patel and Shri Atul Choudhari, Advocates.

JUDGMENT :

R.S. Jha, J.

1. By order dated 20.2.2017 the following question has been referred for being answered by this Bench.

“Whether the provision of Section 5 of the Limitation Act is attracted to the appeal preferred under Section 23 of the Indian Railway Claims Tribunal Act, 1987 beyond the period of limitation ?”

2. As is evident from a perusal of order dated 20.2.2017, the matter has been referred to a Division Bench on account of the fact that the learned Single Judge taking note of the decision of this Court rendered in the case of Smt. Kunjmati v. Union of India, AIR 2016 MP 37 (M.A No.3108 of 2009 decided on 6.11.2015) wherein a Single Bench of this Court has held that the provisions contained in Section 5 of the Limitation Act, providing for extending the period of limitation on showing sufficient cause would not be attracted to the provisions of an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as ‘the Claims Tribunal Act’), and, therefore, the appellate Court has no power to condone the delay in filing such appeals and the contrary view taken in the case of Smt. Veena Rao Phalke v. Union of India 2011 (3) MPHT 68, wherein





























































































































































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