SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE KRISHNA MURARI
BALRAM SINGH – Appellant
Versus
KELO DEVI – Respondent
C.A. No.-006733-006733 / 2022 23-09-2022

The court possesses the discretionary authority to condone procedural delays, such as those occurring during the refiling of petitions, to ensure that legal matters are adjudicated based on their substantive merits rather than procedural technicalities.

Headnote:(A) Limitation - Condonation of delay - Refiling - Delay of 50 days in refiling - Where a procedural delay occurs in the refiling of a petition, the court, upon being satisfied with the explanation provided by the counsel, exercises its discretionary power to condone the delay to ensure that the matter is heard on its merits.

Facts of the case:
The petitioner moved an application for the condonation of a 50-day delay in the refiling of a petition before the court. The matter was placed before the registrar for consideration of the application seeking to cure the defects/delay.

Findings of Court:
Upon hearing the submissions made by the counsel for the petitioner, the court considered the request for the condonation of the 50-day delay and found the grounds sufficient to allow the application.

Issues: Whether the 50-day delay in refiling the petition should be condoned to allow the proceedings to continue.

Ratio Decidendi: The court maintained that procedural delays in refiling, when adequately addressed or found permissible, should be condoned to facilitate the judicial process and permit the consideration of the substantive petition.

Result: Delay of 50 days in refiling is condoned.