Liberal condonation of delay in substitution matters may be granted where merits would otherwise go unheard and costs can cure prejudice.

Applications for substitution of a deceased appellant's legal representatives require a liberal but reasoned assessment of sufficient cause, considering the length of delay, bona fides, absence of deliberate inaction or negligence, and prejudice to the other side. Although the explanation for the substantial delay was general and did not fully cover the period in question, the Tribunal found that refusal would prevent the appeals from being heard on merits and that any prejudice to the respondent could be addressed through costs. The delay was therefore condoned and the substitution application was allowed on payment of costs.

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Issues: Whether the delay in filing the application for substitution of legal representatives/heirs of the deceased appellant should be condoned.

Analysis: The delay was substantial and the explanation offered was found to be general and not fully convincing. The Tribunal applied the settled approach that applications for condonation of delay require a liberal but reasoned assessment of "sufficient cause", with attention to the length of delay, bona fides, absence of deliberate inaction or negligence, and the prejudice caused to the other side. Although the explanation did not satisfactorily account for the entire period of delay, the Tribunal considered that refusal of condonation would prevent consideration of the appeals on merits, while the prejudice to the respondent could be compensated by costs.

Conclusion: The delay was condoned and the application was allowed on payment of costs.

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