Condonation of significant delay in filing appeal allowed upon payment of compensatory costs.

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated September 1, 2023, passed by the 10th Additional District Judge, Rajkot, in Civil Misc. Application No. 338 of 2022

The lower court had refused to condone a delay of 1288 days in filing an appeal against a judgment and decree dated April 4, 2019, passed in Summary Suit No. 42 of 2015

The petitioner contended that the delay occurred because he was not served in accordance with the law before the Trial Court and subsequently did not appear

During the pendency of the writ petition, the petitioner deposited Rs. 25,000/- as costs pursuant to a court order dated February 1, 2024, to compensate the respondent

1. Whether the delay of 1288 days in filing the appeal should be condoned in the interest of justice, subject to the compensation of the respondent

The Court exercised its supervisory jurisdiction under Article 227 of the Constitution of India

It applied the principle of "substantial justice" over technical delays, particularly where the defaulting party is willing to compensate the opposing party for the lapse of time.

The Court relied on the consensus between advocates (ad idem) to resolve procedural delays to allow for a decision on the merits of the case

The Court noted that the petitioner had already complied with the previous direction to deposit Rs. 25,000/- towards costs

Since the learned advocates for both parties reached a consensus (ad idem) that the delay could be condoned provided the respondent was sufficiently compensated, the Court did not delve into a detailed merit-based examination of the reasons for the delay

The Court reasoned that by quashing the impugned order and condoning the delay, the dispute could be resolved on its merits by the Appellate Court, thereby serving the interests of justice while penalizing the petitioner’s delay through the forfeited cost

The Court directed the Registry to pay the deposited Rs. 25,000/- plus accrued interest to the respondent as compensation. The Appellate Court was directed to decide the Regular Civil Appeal on its merits as expeditiously as possible, clarifying that the High Court had not expressed any opinion on the merits of the underlying suit. Rule was made absolute.