SECRETARY KERALA STATE ELECTRICITY Vs. K V KRISHNAN

JUDGEMENT

(1.) THIS revision petition is filed challenging the order dismissing an application filed under Section 5 of Limitation Act. As a result of the order, A.S.54/06 was dismissed as barred by time. Though appeal was dismissed, on the dismissal of the application filed under Section 5 of Limitation Act, nevertheless it is a decision in the appeal and remedy of the petitioner is to challenge the judgment in the appeal. Along with judgment, petitioner is entitled to challenge the order under Section 5 of Limitation Act also. But without challenging the judgment in the appeal, this petition alone is not maintainable. Learned counsel appearing for petitioners then sought permission to withdraw the revision with liberty to file appeal. THIS revision petition is dismissed with liberty to file appeal.