2023 Supreme(Tri) 36

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Pradip Chanda & Anr. - Appellants
Versus
Jadu Lal Roy & Ors. - Respondents
Interlocutory Application 1 of 2022 in Regular Second Appeal 53 of 2022
Decided On : 04-01-2023

The court may condone a short delay in filing an appeal if justified, emphasizing the necessity for expedient legal processes.

Headnote:(A) Limitation Act, 1963 - Section 5 - Delay in filing appeal - Court considering an application for condoning delay of 3 days in preferring the appeal - The applicant is directed to serve notice to the respondents within 7 days - The issue of delay shall be considered further at the next hearing. (Paras 2-4)

(B) Administration of Justice - The court emphasizes the importance of expediency and diligence in pursuing appeals and ensuring fair notice to respondents. (Paras 2)

Facts of the case:
The appeal was filed with a 3-day delay, and a notice was issued to the respondents to show cause regarding this delay.

Findings of Court:
The court noted the request for condoning the delay, indicating an intent to proceed with the appeal pending further consideration.

Issues: The main issue addressed was whether the delay of 3 days in filing the appeal should be condoned.

Ratio Decidendi: The court indicated that the consideration of delay in appeals should be done judiciously, allowing for the opportunity to rectify procedural delays while ensuring that respondents are duly notified.

Result: Notice issued, matter posted for further consideration.