Condonation of delay in filing a petition of appeal may be heard by a Judge in Chambers under the rules.

An application for condonation of delay in filing a petition of appeal may be heard by a Judge in Chambers under the Supreme Court Rules. Order VI Rule 2(14) permits a Single Judge in Chambers to deal with applications for enlargement or abridgement of time, and the express exception for condonation of delay in special leave petitions does not extend to petitions of appeal. Order XLVII Rule 3 supports the Court's power to enlarge time fixed by the Rules, including the time prescribed for presenting a petition of appeal under Order XV. Established practice also supports treating such applications as Chamber business.

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Issues: Whether an application for condonation of delay in filing a petition of appeal can be heard by a Judge in Chambers under the Supreme Court Rules.

Analysis: Order VI Rule 2(14) of the Supreme Court Rules permits a Single Judge in Chambers to exercise the Court's powers in relation to applications for enlargement or abridgement of time, subject to the stated exceptions. The rule expressly excludes condonation of delay in filing special leave petitions, but not applications for condonation of delay in filing petitions of appeal. Order XLVII Rule 3 also recognises the Court's power to enlarge time fixed by the Rules, and the time for presenting a petition of appeal is fixed under Order XV. The long-standing practice of the Court to place such applications before the Chamber Judge supports this construction.

Conclusion: Such applications are within the Chamber business and can be heard by a Judge in Chambers.

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