High Court grants condonation of delay in filing appeal, citing advocate's illness.

The High Court allowed the application for condonation of delay in filing an intra-court appeal. The Court determined that the appellant was entitled to exclude specific periods for computing the limitation period, considering the advocate's illness and supplementary affidavit submitted. Finding no negligence on the appellant's part, the Court emphasized a liberal approach in such matters and concluded that the delay was satisfactorily explained and not attributable to the appellant. Consequently, the Court granted the application, condoning the delay and scheduling the next hearing for 9th September 2022.

---

---

Issues: Application for condonation of delay in filing an intra-court appeal.

Analysis:
1. The application before the High Court was for condonation of delay in filing an intra-court appeal. The delay in filing the appeal was 766 days, from 11th April, 2019, when the order was passed by the Single Judge, to 16th July, 2021, when the appeal was filed.

2. The appellant's counsel argued that as per a judgment of the Supreme Court, they were entitled to exclude the period from 15th March 2020 to 28th February 2022. The delay was attributed to the illness of the advocate representing the appellant during the relevant period.

3. The respondent opposed the prayer for condonation, alleging that the advocate's illness was falsely claimed and that the delay was unreasonable, especially considering the advocate's involvement in other legal proceedings during the same period.

4. The High Court heard arguments from both parties and examined the records presented before them.

5. Referring to a Supreme Court order dated 8th March 2021, the High Court determined that the appellant was entitled to exclude the period from 15th March 2020 to 14th March 2021 for computing the limitation period, with an additional 90 days from 15th March 2021. The appellant had also submitted a supplementary affidavit with additional documents to explain the delay.

6. Upon reviewing the documents, the Court noted that the appellant had promptly taken steps after receiving the order from the Single Judge in April 2019. The appellant had instructed the advocate to file the appeal, but it was not done within the stipulated time. Medical prescriptions were presented to support the advocate's illness claim, despite some prescriptions being old.

7. The Court reiterated the appellant's entitlement to exclude specific periods as per the Supreme Court's order, extending the limitation period accordingly.

8. The Court found no negligence on the part of the appellant, as they had taken prompt steps to file the appeal and issued instructions to the advocate accordingly. The fact that the advocate was involved in another matter during the delay period was not sufficient to dismiss the appellant's explanation.

9. Emphasizing the need for a liberal approach in considering applications for condonation of delay, the Court concluded that the appellant had provided a satisfactory explanation for the delay, which was not attributable to them. Consequently, the Court allowed the application and condoned the delay in filing the appeal.

10. The Court scheduled the next hearing for 9th September 2022.

---