2026 Supreme(Online)(RCT) 1013

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Sathyan, J
PAPPU SAH AND OTHER – Appellant
Versus
GENERAL MANAGER-CR – Respondent
C.M.A. No. 434 of 2023

Procedural rules are handmaids of justice; substantial justice prevails over technicalities, and bona fide medical grounds justify the condonation of delay to allow a case to be decided on its merits.

Headnote:The matter pertains to an application for condonation of delay in filing a written statement in a suit for specific performance. The appellant sought condonation for a delay of approximately 850 days, citing severe chronic kidney disease and the necessity of undergoing dialysis twice a week, supported by medical certificates from a Government Hospital. The trial court dismissed the application on the grounds that the delay was not explained on a day-to-day basis and the medical records did not prove the appellant was completely bedridden. The primary issue is whether a significant delay in filing a written statement should be condoned when supported by bona fide medical grounds, despite the lack of a day-to-day explanation. The court reasoned that rules of procedure are handmaids of justice and not its mistress, emphasizing that substantial justice should be preferred over technical considerations to ensure a case is decided on its merits. Consequently, this Court is inclined to condone the delay, subject to the payment of costs to the respondent to compensate for the delay caused.