Condonation of delay being a discretionary power available to courts, exercise of discretion must necessarily depend upon the sufficiency of the cause shown and the degree of acceptability of the explanation, the length of delay being immaterial – Sheo Raj Singh (Deceased) Through Lrs. & Ors. Vs. Union of India & Anr. – Supreme Court
Hon’ble Supreme Court held that:
(i) Condonation of delay being a discretionary power available to courts, exercise of discretion must necessarily depend upon the sufficiency of the cause shown and the degree of acceptability of the explanation, the length of delay being immaterial.
(ii) Sometimes, due to want of sufficient cause being shown or an acceptable explanation being proffered, delay of the shortest range may not be condoned whereas, in certain other cases, delay of long periods can be condoned if the explanation is satisfactory and acceptable.
(iii) Each case for condonation of delay based on existence or absence of sufficient cause has to be decided on its own facts.
(iv) Law is fairly well-settled that “a court of appeal should not ordinarily interfere with the discretion exercised by the courts below”.