Limitation and registry returns: earlier filing within time and cure of defects justified condonation of delay.

The limitation question turned on whether the appeal had in fact been filed within time, even though it was later returned by the Registry. The record showed that the appeal was presented within the stipulated period and that the procedural defects were cured before the Registry's return letter. On that basis, the earlier filing remained material for limitation purposes, and the delay was condoned. The application for condonation of delay was accordingly allowed.

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Issues: Whether the delay in filing the appeal was liable to be condoned.

Analysis: The appeal had been filed within the stipulated period and had thereafter been returned by the Registry. The record showed that the procedural defects had been removed before the Registry's return letter, and the earlier filing was thus material for considering the limitation question.

Conclusion: The delay was condoned and the application for condonation of delay was allowed.

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