Condonation of delay in statutory appeal restored the matter for merits after writ interference.

A statutory appeal dismissed solely for delay may be interfered with in writ jurisdiction where the delay is explained and comparable matters have been restored for merits consideration. The petitioner stated that the appeal was filed after knowledge of the impugned order, and the respondent did not dispute that position. On that basis, the delay was condoned, the dismissal for delay was set aside, and the matter was remanded for decision on merits.

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Issues: Whether the dismissal of the statutory appeal on the ground of delay was liable to be interfered with in writ jurisdiction and the delay in filing the appeal condoned so that the appeal could be decided on merits.

Analysis: The appeal had been rejected only on the ground of delay. The petitioner explained that the appeal was filed after knowledge of the impugned order, resulting in delay beyond the prescribed period. A similar course had been adopted in comparable matters, where delay was condoned and the appeal was restored for consideration on merits. The respondent did not dispute the petitioner's submission on this aspect.

Conclusion: The dismissal of the appeal for delay was set aside, the delay was condoned, and the matter was remanded for decision on merits in favour of the petitioner.

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