Delay condonation and non-prosecution dismissal set aside, with remand for fresh consideration of the appeal.

Refusal to condone delay and dismissal of an appeal for non-prosecution were set aside where the writ court considered that one further opportunity should be granted despite the petitioner's repeated absence. The High Court disapproved of the conduct noted by the Appellate Tribunal, but directed that the delay-condonation application be reconsidered afresh rather than finally rejected on that occasion. The matter was remanded to the Tribunal for fresh consideration of the application and the appeal proceedings.

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Issues: Whether the order dismissing the appeal for non-prosecution and refusing to condone delay required interference and remand for fresh consideration.

Analysis: The order of the Appellate Tribunal had dismissed the appeal after rejecting the application for condonation of delay, on the ground that the petitioner had not argued the matter despite several adjournments. The writ court disapproved of the petitioner's conduct, but considered that one further opportunity should be given. It therefore set aside the Tribunal's order and directed reconsideration of the delay-condonation application afresh.

Conclusion: The dismissal order was set aside and the matter was remanded to the Appellate Tribunal for fresh consideration of the application for condonation of delay.

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