Devan Ramachandran, J.

1. A rather ubiquitous application for condonation of delay in filing an appeal, the likes of which are virtually circadian in this Court now, has drawn certain important and climacteric issues for our consideration. What began as a usual hearing on an application seeking condonation of delay quickly transmuted itself, to a very large extent on account of the thorough submissions and sure assertions of the learned Senior Counsel Sri. R.D. Shenoy, ably assisted by Sri. Lakshmi Narayanan, appearing for the appellant and of Sri. Srinath Girish, learned counsel for the respondent, into one making deep inroads into the power and scope of considerations of this Court exercising discretion from the touchstone of equity, fairness and reasonableness.

2. The power of an appellate court to condone the delay in filing appeals is circumscribed only by the limitations contained in Order XLI Rule 3A of the Code of Civil Procedure ('the CPC' for short). The said provision is indubitable that the appellate court would be justified in condonation of delay only if the application shows sufficient cause for not preferring the appeal within the period of limitation.

3. The