Appeal Dismissed After 688-Day Delay; Court Finds No Justifiable Reason for Late Filing, Upholds Limitation Bar.

The HC dismissed the appeal due to a 688-day delay in filing, rejecting the application for condonation of delay. The appellant, having been proceeded ex-parte, failed to demonstrate any justifiable reason for the delay. The Court emphasized the lack of valid grounds for a liberal approach, ultimately barring the appeal by limitation.

---

---

Issues involved: Condonation of delay in filing the appeal, dismissal of appeal due to delay

On the issue of condonation of delay in filing the appeal, the High Court observed that the application lacked material to condone the delay. The appellant was proceeded ex-parte, indicating that they were duly served but chose not to participate in the proceedings. Despite the order being passed on 16.02.2018, no steps were taken by the appellant to file the appeal or seek appropriate remedy within a reasonable time, which was highlighted as six months. The appeal was filed after a delay of 688 days, and the Court noted that the association, being not a rustic villager, could not seek indulgence based on the grounds presented in the application for condonation of delay.

Regarding the dismissal of the appeal due to the delay, the appellant's counsel argued that they had a strong case on merits and should not be non-suited solely on the ground of delay. However, the Court was not swayed by this argument, emphasizing that the delay was significant and lacked any justifiable cause for a liberal approach. In the absence of any valid reason shown, the Court rejected the application for condonation of delay and consequently dismissed the appeal as barred by limitation.

---