Delay condoned on costs to permit adjudication on merits despite an inadequate explanation.

The applicant sought condonation of a 223-day delay in filing a revision against an order dated 30 August 2025.

It attributed part of the delay to its former counsel’s alleged ill-health and the remainder to the time taken by current counsel to obtain and examine the record, as well as officers’ involvement in Special Intensive Revision duties in West Bengal.

The applicant later withdrew the allegation concerning former counsel’s ill-health, acknowledging that it had been included through miscommunication and tendering an apology.

The respondent opposed the application.

Whether the applicant had shown sufficient grounds to condone the 223-day delay in filing the revision.

Whether condonation should be granted subject to payment of costs, notwithstanding deficiencies in the applicant’s explanation.

The application was brought under Section 5 of the Limitation Act, 1963, which empowers the court to condone delay where sufficient cause is established.

The Court stated that delay-condonation matters require a justice-oriented approach rather than a pedantic one.

It also observed that litigants should remain conscious of their rights and approach courts in time, and that unverified allegations against previously engaged counsel should be avoided.

No precedent was cited.

The Court found the explanation relating to current counsel inadequate and the claim concerning officers’ SIR duties unsupported by material particulars or records.

The former-counsel explanation could not assist the applicant because the allegation of ill-health had been withdrawn as incorrect.

Nevertheless, considering the overall circumstances and the preference for deciding cases on their merits, the Court adopted a justice-oriented approach and granted condonation, while requiring the applicant to bear costs.

It directed the applicant to deposit Rs. 50,000 with the Sikkim State Legal Services Authority within two weeks, for use in rehabilitating POCSO victims of sexual assault, and to file a compliance affidavit.