Delay Excused: SC Orders HC to Hear Appellant's Case on Merits Despite Late Filing Due to Advocate's Oversight.

The SC condoned a 136-day delay in filing a Revision Petition before the HC, emphasizing that the appellant should not be prejudiced by their advocate's failure to file a condonation application alongside the petition. The initial dismissal of the Revision Petition was set aside, and the SC directed the HC to consider the condonation application independently. The appeal was allowed, ensuring that the appellant's case would be heard on its merits, and all pending applications were disposed of.

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Issues involved: Delay in filing Revision Petition before the High Court, Condonation of delay, Prejudice to the appellant due to advocate's failure.

Delay in filing Revision Petition before the High Court: The Supreme Court condoned the delay of 136 days in filing the Revision Petition before the High Court. The Court noted that the application seeking condonation of delay was not filed along with the Revision Petition but subsequently. The Court emphasized that the appellant should not be prejudiced due to the advocate's failure in filing the application along with the Revision Petition. As the Revision Petition was not heard on merits solely due to this reason, the impugned order was set aside.

Condonation of delay: The Court allowed the application seeking condonation of delay, which was filed after the Revision Petition was dismissed. The learned senior counsel requested that the application be taken on record and considered on its own merits. The Court directed the High Court to take on record the application seeking condonation of delay and consider it independently.

Prejudice to the appellant due to advocate's failure: The Supreme Court highlighted that the appellant cannot be prejudiced by the advocate's failure to file the application seeking condonation of delay along with the Revision Petition. The Court's decision to set aside the impugned order was based on the principle that the appellant should not suffer due to the advocate's lapse. The appeal was allowed and disposed of accordingly, with pending applications being disposed of as well.

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