Condonation of delay for filing before the wrong court allowed where the appeal was timely and promptly re-presented.

Delay caused by presentation of an appeal before the wrong court was treated as sufficient cause for condonation where the appeal had been filed within time and re-presented before the proper court on the same day after return of the memo. The SC held the delay to be inadvertent and unintentional, and found that a justice-oriented refusal to condone it would be improper. Condonation of delay was allowed and the appeal was restored for disposal on merits.

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Issues: Whether delay in presenting the appeal before the wrong court deserved condonation.

Analysis: The appeal had been presented within time, but was lodged before the wrong court and was re-presented before the proper court on the same day after return of the memo. The circumstances showed inadvertent and unintentional delay and furnished sufficient cause for condonation. A justice-oriented refusal to condone the delay was held to be improper.

Conclusion: Condonation of delay was allowed and the appeal was restored for disposal on merits.

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