Condonation of delay - generally as a normal rule, delay should be condoned – SC
A search in our library revealed that we have covered 455 cases relating to 'condonation of delay' in filing appeals and this is just a small tip of the proverbial iceberg. Quite often, due to unavoidable reasons, an appeal cannot be filed within the stipulated time and for that reason, is it fair to deny justice? The Supreme Court recently held that unless mala fides are writ large on the conduct of the party, generally as a normal rule, delay should be condoned. The Supreme Court further observed:
++ After all, justice can be done only when the matter is fought on merits and in accordance with law rather than to dispose it of on such technicalities and that too at the threshold.
++ In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technicalities.
++ Appellant would not have gained in any manner whatsoever, by not filing the appeal within the period of limitation.
Now, who is going to benefit from this order? The Government of course! It is usually the Government which comes up with applications for COD.
Please see for the Supreme Court Order