Supreme Court Grants Appeal, Overturns Limitation Ruling

The Supreme Court granted leave to appeal against the High Court's dismissal of the appeal based on limitation. The appellant's explanation for the 178-day delay in filing the appeal was accepted, and the Supreme Court set aside the High Court's decision. The appeal was reinstated for the High Court to consider the merits after hearing both parties. The appeal was allowed with no costs ordered.

---

---

Issues involved: Appeal against dismissal on the ground of limitation.

Summary:
The Supreme Court granted leave to appeal against the High Court's order dismissing the appeal on the sole ground of limitation. The delay of 178 days in filing the appeal was explained by the appellant in the application for condonation of delay. The High Court, in rejecting the application, had considered the merits of the appeal, which was not the correct approach. The Supreme Court held that the delay had been properly explained and set aside the High Court's order. The appeal was restored to its original file, with directions for the High Court to decide on the merits after giving a hearing to the parties. The appeal was allowed with no order as to costs.

---