https://www.taxtmi.com/caselaws?id=278171 Refusal to condone delay under Section 5 of the Limitation Act was held unsustainable where the affidavit in support was rejected summarily, without notice or rebuttal, and the liberal standard of "sufficient cause" was not properly applied. The resulting dismissal of the appeal as time-barred was therefore quashed. An order refusing condonation and dismissing an appeal on limitation does not amount to a decree because there is no adjudication on the merits; the doctrine of merger does not apply. In that situation, writ jurisdiction was maintainable, and the matter was remitted to the lower appellate court for decision on merits. en-us Wed, 27 Jul 2005 00:00:00 +0530 Wed, 16 Jan 2019 10:41:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=278171 Refusal to condone delay under Section 5 of the Limitation Act was held unsustainable where the affidavit in support was rejected summarily, without notice or rebuttal, and the liberal standard of "sufficient cause" was not properly applied. The resulting dismissal of the appeal as time-barred was therefore quashed. An order refusing condonation and dismissing an appeal on limitation does not amount to a decree because there is no adjudication on the merits; the doctrine of merger does not apply. In that situation, writ jurisdiction was maintainable, and the matter was remitted to the lower appellate court for decision on merits. Case-Laws Indian Laws Wed, 27 Jul 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=278171