Case Note & Summary
The case involved an appeal by Delhi Transport Corporation Ltd. against an order of the High Court concerning the delay in filing an appeal. The appellant sought condonation of the delay, asserting that sufficient cause was shown. The Supreme Court, after hearing the counsel for the appellant and reviewing the materials on record, determined that the reasons provided were adequate to justify the delay. Consequently, the court set aside the impugned order, condoned the delay, and restored the appeal to its original number. The High Court was instructed to dispose of the appeal on its merits and in accordance with the law, with no order as to costs. This decision underscored the court's willingness to allow appeals to proceed when justifiable reasons for delay are presented.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Code of Civil Procedure, 1908, Section Not mentioned - The court found that the appellant demonstrated sufficient cause for the delay in filing the appeal before the High Court, leading to the decision to condone the delay and restore the appeal to its original number. The High Court was directed to dispose of the appeal on merits and in accordance with law. Held that the delay was justifiably condoned (Paras Not mentioned).
Issue of Consideration
Whether sufficient cause was shown to condone the delay in filing the appeal.
Final Decision
The Supreme Court condoned the delay in filing the appeal, set aside the impugned order, and restored the appeal to its original number, directing the High Court to dispose of the appeal on merits and in accordance with law.
Law Points
- Condonation of delay
- Restoration of appeal
- Disposing of appeal on merits
