Supreme Court: Delay cannot be condoned based on merits of main matter if there's no sufficient explanation for delay

The bench in the case observed that it is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matter for the purpose of condoning the delay.

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The Supreme Court in the case H. Guruswamy And Ors Versus A Krishnaiah Since Deceased By Lrs observed wherein the considered an application to condone delay, the court must not start with the merits of the main matter. It owes a duty first to ascertain the bona fides of the explanation offered by the party seeking condonation.