The Madras High Court has advised trial courts to approach petitions seeking to condone the delay in filing appeals, by taking a lenient and liberal view and avoid "hyper technical and pedantic approach."
Justice M.Venugopal of the Court's Madurai Bench was allowing a revision petition challenging the refusal of the Principal District and Sessions Court judge to condone 127 days delay in preferring the appeal in criminal proceedings initiated against the petitioner by his wife.
"It is true that the litigant cannot ask for condoning the delay before a court of law as a matter of right or as a matter of routine," the judge said.
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"Only thing, for allowing condone delay petition is that sufficient cause must be established by the litigant to get the delay in filing the case condoned either by a revisional or an appellate forum."
Some pardonable omissions and lapses on the part of the litigant cannot be a factor to reject the request for condoning the delay and close the doors to him once and for all, the judge said and set aside the order of the sessions court judge.
The judge said in reality no litigant would file the appeal with deliberate delay. If he does he would face serious risk.
The judge also felt that if a delay condonation plea was dismissed at the threshold by a court of law,then there was a possibility of a meritorious matter being thrown out at the initial stage itself.
But, if the delay was condoned, the matter could be decided on merits after providing adequate opportunities to the parties.
