https://www.taxtmi.com/caselaws?id=171004 Order 41 Rule 3-A CPC was construed to determine whether a time-barred appeal is irredeemably incompetent if not accompanied by an application for condonation of delay. SC held that Rule 3-A primarily serves to alert the appellant that a delayed appeal will not be entertained without explaining delay, and to inform the respondent that the court must first decide condonation as a condition precedent. The Rule was not intended to be fatal where the application is omitted initially; the omission is a curable defect and a later-filed application can validate presentation. The impugned HC order was set aside and the matter was remanded to HC to decide condonation and, if allowed, to decide the appeal on merits. en-us Tue, 12 Sep 2000 00:00:00 +0530 Sun, 04 Jan 2026 21:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171004 Order 41 Rule 3-A CPC was construed to determine whether a time-barred appeal is irredeemably incompetent if not accompanied by an application for condonation of delay. SC held that Rule 3-A primarily serves to alert the appellant that a delayed appeal will not be entertained without explaining delay, and to inform the respondent that the court must first decide condonation as a condition precedent. The Rule was not intended to be fatal where the application is omitted initially; the omission is a curable defect and a later-filed application can validate presentation. The impugned HC order was set aside and the matter was remanded to HC to decide condonation and, if allowed, to decide the appeal on merits. Case-Laws Indian Laws Tue, 12 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171004