Chief Engineer of B.P.D.P./R.E.O. v. M/s. Scoot Wilson Kirpatrick India Pvt. Ltd., 2006(11) SCC 622

There can be no quarrel with the proposition that Section 5 of the Limitation Act providing for condonation of delay is excluded by Section 34(3) of the Act. But the question in the instant case is not about the applicability of Section 5 of the Limitation Act, and question really is whether the appeal was maintainable. The High Court did not consider this aspect. The appeal is clearly maintainable.