It is the settled position of law that in such matters of condonation of delay, the Court should not adopt a rigid approach keeping in mind that a party should not be made to suffer for the reasons not attributable to him and instead of dismissing the matter on such technical ground, endeavour would be for disposal on merit so as to advance the cause of substantial justice. It is also the trite law that the words ‘sufficient cause’ no doubt should receive liberal construction so as to advance substantial justice when the delay is not on account of any dilatory tactics, deliberate inaction or negligence on the part of the applicant/s. At the same time it is also to be seen that if the delay is for quite a considerable period and when for the said reason, a right has accrued in favour of the adversary being in enjoyment of the fruit of the litigation for a long period, the Court should be slow to disturb the said status requiring satisfaction as regards the acceptability of the explanations. A balance is thus required to be struck, depending on the facts and circumstances of each given case.
