Condonation of delay accepted where age, illness and bereavement explained the late appeal and merits review was preserved.

A 68-day delay in filing the appeal was condoned where the delay was explained by advanced age, illness, bereavement and inability to take a timely decision. The court also considered that the appeal challenged an order dismissing the suit as not maintainable and found no prejudice to the respondent that outweighed hearing the matter on merits. The appeal was directed to be registered, and the delay objection was removed at the threshold.

---

---

Issues: Whether the delay of 68 days in filing the appeal should be condoned.

Analysis: The application explained the delay on the ground of advanced age, illness, bereavement, and resulting inability to take timely decision. The Court also noted that the appeal challenged an order dismissing the suit as not maintainable and that the respondent would not suffer prejudice that outweighed the need to hear the matter on merits.

Conclusion: The delay in filing the appeal was condoned, and the appeal was directed to be registered.

Final Conclusion: The matter was permitted to proceed in appeal, with the delay objection removed at the threshold.

---