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SC ruled on procedural grounds regarding delay condonation in appeals. The Court held that when the HC determined delay should have been condoned under normal circumstances, it exceeded its scope by commenting on case merits before the Appellate Tribunal addressed them. The proper procedure required setting aside the delay condonation rejection, condoning the delay, and returning the matter to the Appellate Tribunal for merit consideration. The SC emphasized that examining case merits is only appropriate after delay condonation. Consequently, the Appellate Tribunal's order dated 01.12.2022 refusing to condone delay was set aside, allowing the appeals to proceed on merits.
SC ruled on procedural grounds regarding delay condonation in appeals. The Court held that when the HC determined delay should have been condoned under normal circumstances, it exceeded its scope by commenting on case merits before the Appellate Tribunal addressed them. The proper procedure required setting aside the delay condonation rejection, condoning the delay, and returning the matter to the Appellate Tribunal for merit consideration. The SC emphasized that examining case merits is only appropriate after delay condonation. Consequently, the Appellate Tribunal's order dated 01.12.2022 refusing to condone delay was set aside, allowing the appeals to proceed on merits.
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