Unless mala fides are writ large, delay should be condoned. Matters should be disposed of on merits and not technicalities : SC

Appellant would not have gained in any manner whatsoever, by not filing the appeal within the period of limitation – Generally as a normal rule, delay should be condoned: After all, justice can be done only when the matter is fought on merits and in accordance with law rather that to dispose it of on such technicalities and that too at the threshold. It is pertinent to point out that unless malafides are writ large on the conduct of the party, generally as a normal rule, delay should be condoned. In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technicalities.

SUPREME COURT OF INDIA

(DEEPAK VERMA & K.S. RADHAKRISHNAN, JJ.)

IMPROVEMENT TRUST, LUDHIANA (Appellant(s)

VERSUS

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