Condonation of delay in statutory appeal cannot be refused without legally sustainable reasons; limitation dismissal was set aside.

Delay in filing a statutory appeal may be condoned where the appellate authority rejects the appeal solely on limitation without recording legally sustainable reasons for refusing condonation. The stated principle is that, absent an express bar excluding the power to condone delay, the matter should proceed to examination on merits when the explanation for delay is accepted and the refusal to condone is unsupported by law. The text further states that the time-bar dismissal was quashed, the appellate order was set aside, and the appeal was restored for decision on merits.

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Issues: Whether the delay in filing the statutory appeal could be condoned and the dismissal of the appeal as time-barred could be set aside.

Analysis: The appeal had been dismissed solely on the ground of limitation. The challenge was that the delay was explained and that there was no express bar excluding the application of the power to condone delay. The impugned order was found to contain no justifiable reason for refusing condonation, and the sole ground adopted for dismissal was held not to accord with law. In these circumstances, the delay was liable to be condoned so that the appeal could be examined on merits.

Conclusion: The delay was condoned and the order dismissing the appeal as time-barred was quashed.

Final Conclusion: The writ petition succeeded, the appellate order was set aside, and the appeal was restored for decision on merits.

Ratio Decidendi: Where an appellate authority rejects an appeal only on limitation without recording legally sustainable reasons to refuse condonation, the delay can be condoned and the matter should be heard on merits.

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