The Supreme Court recently observed that though courts have to be cautious while condoning delays of long duration, in cases where the delay can be attributed to the advocate, balancing of scales of justice becomes imperative. It highlighted that the socio-economic background of litigants who approach the courts for justice should be kept in mind.

“We are aware of the caution that needs to be exercised in matters relating to condonation of delay of longer durations. However, it must be noted that balancing of scales of justice becomes imperative when it comes to such matters, especially given the socio-economic background of a large number of India's population who approach these doors of justice as litigants.”

The Bench of Justices Vikram Nath and Sandeep Mehta made these observations while condoning the delay of 225 days in filing a second appeal before the High Court. Essentially, the present appellant had filed a Civil Suit, among others, seeking a declaration, as herself being the legally married wife of one (late) Raj Kishore Sahoo. The suit having been dismissed, she filed a first appeal. Since the same was also dismissed, she approached the High Court in a second appeal.

Pertinently, there was a delay in filing the same, thus, she had also filed an application for condonation of delay. In the application, she explained that there was a delay on her advocate's part in informing her about the delay. Thus, she could not prefer the appeal in time and the said delay was not deliberate in nature. However, finding this explanation as not satisfactory, the High Court refused to condone the delay. Against this background, the appellant approached the Supreme Court.