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Issues: Delay in filing appeal, condonation of delay, jurisdictional error
Delay in filing appeal: The lower Appellate Court condoned the delay in filing the appeal due to a bona fide mistake by the non-applicant's advocate in advising to file the appeal before the High Court instead of the District Court. The lower Court relied on precedents like Mata Din v. A. Narayanan and State v. Man Mohanlal to support the condonation of delay based on the non-applicant's good faith belief in pursuing the matter before the wrong forum. Condonation of delay: The applicant challenged the impugned order, arguing that there was no evidence to prove the bona fide mistake by the non-applicant's advocate and that diligence was lacking in obtaining the certified copy before filing the appeal. However, the Court found a clear factual finding that there was a bona fide mistake, supported by the materials on record. The Court emphasized that unless such findings are shown to be arbitrary or perverse, they cannot be disregarded. Jurisdictional error: The applicant contended that the lower Court erred in exercising its jurisdiction by condoning the delay without proper basis. However, the Court held that the lower Appellate Court, after analyzing the evidence, judiciously exercised its discretion in condoning the delay. Since no jurisdictional error was demonstrated, the Court found no grounds to interfere with the lower Court's decision. In conclusion, the Court dismissed the Revision Application, stating that the discretion to condone the delay was appropriately exercised by the lower Appellate Court, and there was no justification for interference. The judgments cited by the applicant were deemed inapplicable to the present case, as the circumstances differed. The Court upheld the lower Court's decision to condone the delay and dismissed the Revision Application without costs.
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