CHANDRA PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On 22-10-1991 the present revision was filed in this Court which was reported as barred by time by 154 days and consequently an application under Section 5 of the Limitation Act was also moved duly supported by an affidavit.

(2.) A copy of the memorandum of revision as well as application under Section 5 of the Limitation Act accompanying the affidavit were served on the Government Advocate on 10-10-1991. Consequently on 22-10-1991 the learned A.G.A. was granted time to file a counter affidavit, if any, within three days. Further time was granted for obtaining instructions on two more dates. Km. Nachced Moonis, learned A.G.A. for the State has stated that neither any instruction has come from Mathura nor anyone has approached on behalf of the State to file a counter affidavit in opposition in spite of intimation having been sent.

(3.) Under the circumstances the grounds stated in the application under Section 5 of the Limitation Act supported by an affidavit were considered which appeared to be just and proper, and the delay stands sufficiently explained. Therefore, this revision is being treated as filed within time and the application under Section 5 Limitation Act stands allowed.