Delay condonation in State litigation may be granted where strict limitation would defeat hearing on merits.

Delay in filing a first appeal may be condoned where part of the delay arose from filing before the wrong forum and the case involves special circumstances affecting substantial justice. The Court held that, in State litigation concerning land of strategic importance, rigid insistence on limitation would defeat adjudication on merits and risk injustice to the State's institutional interest. The delay was therefore condoned, the first appeal restored, and the matter directed to be heard on merits.

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Issues: Whether the delay in filing the first appeal should be condoned and the appeal restored for decision on merits.

Analysis: The appeal had been filed initially before a wrong forum and a part of the delay was attributable to that course. The remaining delay was not fully explained, but the matter involved State litigation concerning land said to be of strategic importance. The Court held that, in the special circumstances of the case, rigid application of limitation would defeat the opportunity to have the dispute examined on merits and may cause injustice to the State's institutional interest.

Conclusion: The delay was condoned, the first appeal was restored, and the matter was directed to be heard on merits.

Ratio Decidendi: In special circumstances, especially in State litigation, delay may be condoned where refusal would defeat substantial justice and prevent adjudication of the dispute on merits.

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