Denying opportunity to petitioner to contest issue on merits amounts to miscarriage of justice

 It is well settled that the Legislature has conferred power to condone the delay to enable the Courts and Tribunals to do substantial justice to parties by disposing of matters on merits. Similarly, if the delay is not inordinate and unexplained when is condoned the maximum that can happen is that a cause would be decided on merits after hearing parties. At the same time the guiding principle for a Court to exercise discretion while condoning delay should normally be as to whether the appellant acted with reasonable diligence in prosecuting the proceedings. The Tribunal and Court cannot igno...