STATE OF U P Vs. PRABHA CHANDRA

JUDGEMENT

(1.) Heard learned Standing Counsel, Mr. Abhinav Upadhyay on behalf of the appellants and perused the record. The present first appeal from order under section 173 of the Motor Vehicles Act (for short 'the Act') is before us with a report of the Stamp Reporter indicating that the appeal has been filed beyond 1 year and 108 days of the prescribed period of limitation.

(2.) Correctness of the said report is not disputed by the appellant.

(3.) The appellants, along with F.A.F.O. also filed an application under section 5 of the Limitation Act praying for condoning aforementioned delay of 1 year and 108 days in filing the appeal, on the facts enumerated in the said application and the affidavit filed in support thereof.