Time-barred appeal dismissal set aside as authority must verify filing date and consider condonation opportunity.

The Rajasthan HC set aside dismissal of an appeal as time barred and remitted the matter for fresh consideration. It held that the appellate authority must first determine the actual date of filing and, if the delay is less than thirty days, give the appellant an opportunity to seek condonation. The Court interfered without examining the merits, leaving the appellate authority to decide the appeal afresh in accordance with law.

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Issues: Whether the order dismissing the appeal as time barred was liable to be set aside and whether the appellant was entitled to a fresh decision on the date of filing and opportunity to seek condonation of delay, if any.

Analysis: The dismissal of the appeal was challenged on the ground that it had been filed within limitation or, alternatively, that the appellate authority had power to condone delay up to thirty days and no opportunity had been given to seek such condonation. The Court found it appropriate to interfere without entering into the merits of the dispute and directed reconsideration of the appeal by the appellate authority. The authority was specifically required to determine the actual date of filing and, if the delay was less than thirty days, to afford an opportunity to seek condonation.

Conclusion: The order dismissing the appeal as time barred was set aside and the matter was remitted to the appellate authority for fresh decision in accordance with law.

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