STATE OF M.P. & ANR. versus ANSHUMAN SHUKLA

STATE OF M.P. & ANR. versus ANSHUMAN SHUKLA

Section 5 of Limitation Act, 1963 is applicable to revision petitions under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 as there is no express or implied exclusion. Delay in filing revision petitions before the High Court is condonable.

Parties
Appellant: State of M.P.; Respondent: Anshuman Shukla
Jurisdiction
India
Judgment Date
06 August 2014
Procedural Posture
Civil Appeal / Judgment on Appeal Against High Court Order Dismissing Revision as Time Barred
Outcome
Appeals allowed
Legal Topics
Applicability of Limitation Act, Revision Under Section 19, Condonation of Delay
Civil Procedure Arbitration Limitation Applicability of Limitation Act Revision Under Section 19 Condonation of Delay

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Parties

State of M.P.

Appellant

Anshuman Shukla

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against High Court Order Dismissing Revision as Time Barred

Legal Issues

  1. 1 Whether Section 5 of Limitation Act applies to revision under Section 19 of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983
  2. 2 Whether delay in filing revision before the High Court is condonable

Ratio Decidendi

Section 5 of Limitation Act, 1963 is applicable to revision petitions under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 as there is no express or implied exclusion. Delay in filing revision petitions before the High Court is condonable.

Court Disposition

Appeals allowed

Orders

  • Impugned judgments and orders are set aside
  • Delay in filing revision petitions condoned