Liberal condonation of delay requires bona fide explanation; illness and medical records can justify acceptance despite technical objections.

A liberal, justice-oriented approach to condonation of delay applies where the explanation is bona fide and supported by material on record. Here, the appellant relied on the illness and prolonged treatment of a married daughter, with medical records from several hospitals, and the evidence was not shown to be false or fabricated. The High Court noted that substantial justice should not be defeated by pedantic insistence on technical delay, and that mere business activity during the relevant period did not by itself justify refusal. The delay was therefore held liable to be condoned and the refusal to interfere was found unjustified.

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Issues: Whether the delay in filing the appeal ought to have been condoned on the basis of sufficient cause.

Analysis: The application for condonation was founded on the illness and prolonged medical treatment of the appellant's married daughter, supported by medical records from several hospitals. The material on record was not specifically controverted as false or fabricated. In considering limitation, a liberal, justice-oriented approach is required where the explanation is bona fide and substantial justice should not be defeated by a pedantic insistence on technical delay. The refusal to condone delay cannot rest merely on the fact that the appellant was active in business during the relevant period.

Conclusion: The delay ought to have been condoned. The Tribunal's refusal to interfere was unjustified and perverse, and the application for condonation of delay was liable to be accepted.

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