Bona fide miscalculation of limitation can justify condonation where the delay is minimal and not intended to cover laches.

A genuine and bona fide mistake in calculating limitation can constitute sufficient cause for condonation where the delay is minimal and not a device to cover laches. The High Court accepted the explanation that counsel or the appellant's officer miscalculated the limitation period, noting that the last day was preceded by a Sunday and that the filing party had been misled about the deadline. The two-day delay was therefore condoned, and the refusal to condone delay was set aside.

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Issues: Whether the delay of two days in filing the appeal was liable to be condoned on the ground of miscalculation of limitation by counsel or the appellant's officer.

Analysis: The explanation for delay was found to be an honest and bona fide mistake. The delay was minimal, the last day of limitation was preceded by a Sunday, and the record showed that the appeal was filed because the filing party had been misled about the limitation period. A mistake in calculating limitation, if genuine and not a device to cover laches, can constitute sufficient cause for condonation.

Conclusion: The delay was condoned and the refusal to condone delay was set aside.

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