( 1 ) THIS is an application for condonation of delay of 304 days in filing Second Appeal.

( 2 ) IN the application for condonation of delay, notice thereof is issued at first hearing routinely. This is not done unmindfully, but is done mostly due to a feeling of compassion towards the litigant. Compassion is inevitably an essential ingredient of process of Administration of Justice.

( 3 ) IT, however, lateron reveals in many cases that appeal itself is found to have no merit, and the respondent is vexed, though it was avoidable.

( 4 ) IN order to avoid such a situation, it is felt that whenever, prima facie, merits of the appeal are not very strong, the respondent should not be unnecessarily vexed by issuing a notice in the application for condonation, filed in such appeal, i. e. , appeal of doubtful merit. It would rather be preferable to hear the appeal to ascertain its merits.

( 5 ) THEREFORE, the learned Adv. , for the appellants was called to argue and demonstrate the merit of appeal.

( 6 ) LEARNED Advocates for appellants urged that : -

(a) It is a practice in vogue that ordinarily whenever the application for condonation of delay is listed for first hearing, notices or Rule a

Click Here to Read the rest of this document