Condonation of delay and remand on merits where a marginally late appeal was rejected without substantive adjudication.

A marginally delayed appeal was rejected solely on limitation without any adjudication on merits. The High Court noted that the statutory appellate tribunal was not constituted and that the appellants were left without the ordinary appellate forum. In the peculiar facts, and in light of the explanation offered for the delay, the refusal to examine the appeal substantively was found unsustainable. The order declining to entertain the appeal on limitation was set aside, and the matter was remanded to the appellate authority for fresh consideration on merits after hearing the parties.

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Issues: Whether the appellate authority was justified in rejecting the appeal solely on the ground of delay, and whether the matter required remand for a decision on merits.

Analysis: The appeal involved only a marginal delay, and the appellate authority had not adjudicated the dispute on merits. The Court also took note that the statutory appellate tribunal was not constituted, leaving the petitioners without the ordinary appellate forum. In the peculiar facts, and in view of the explanation available for the delay, the refusal to examine the appeal on merits was found unsustainable.

Conclusion: The order rejecting the appeal on limitation was set aside and the appeal was remanded to the appellate authority for fresh consideration on merits after affording an opportunity of hearing.

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