In Brief
The Supreme Court set aside the High Court's order that had condoned a delay of 1011 days in preferring a Second Appeal. The original plaintiff-appellant challenged the High Court's decision to allow the defendants' belated Second Appeal. The Court held that discretion to condone delay must be exercised judiciously and requires sufficient explanation for the entire delay period. Here, the defendants offered no explanation for approximately eight years of the delay (March 2017 to 2021), constituting gross negligence. The Court ruled that merely hearing the appeal on merits if delay is condoned does not justify overlooking statutory limitations. The impugned order was quashed and the Second Appeal was dismissed for delay.
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