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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
SRI BHARAT CH. DAS AND ANR – Appellant
Versus
THE UNION OF INDIA – Respondent


ORDER

Date : 23-05-2022 This is a common order for this batch of applications.

2. Heard Ms. J. Kalita, the learned counsel appearing for the applicants. Also heard Mr. B. Sarma, the learned Standing Counsel appearing for the NF Railway.

3. This batch of applications have been filed under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the appeals.

4. The question in these applications is as to whether Section 5 of the Limitation Act can be invoked for extending the time limit as prescribed in Section 23(3) of the Railway Claims Tribunal Act of 1987(for short “the Act of 1987).

5. Section 23(3) of the Act of 1987 prescribes that every appeal under the said Act shall be preferred within a period of 90 days from the date of the order appealed against.

6. In Union of India Vs. Jasiruddin Talukdar reported in 2011 (2) GLT 497, this Court held that Section 5 of the Limitation Act cannot be invoked for extending the period as prescribed by 23(3) of the Act of 1987. Thereafter in Union of India Vs. Sushil Kumar(M/S and Ors.) reported in 2017 (5) GLT 542, this Court has again reiterated that Section 5 of the Limitation Act cannot be invoked for extending the period as pre

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