Rajesh Balia, J. - (1.) ALL the respondents have been served. Mr. Bhansali appears for respondent No. 3. Other respondents have not put in appearance.
(2.) THE appeal is against the order dt. 08.04.2005 by which the appeal filed by the present appellant has been dismissed by the learned Single Judge inter alia on the ground that the application under Section 5 moved by the appellant as the appeal was barred by 12 days, does not disclose sufficient cause which could have prevented the appellant from filing the appeal within limitation. Merit of the case has not been examined and it was the first appeal before the learned Single Judge. Having perused the application we are of the opinion that pedantic view has been taken by the learned Single Judge on the application under Section 5 of the Limitation Act. It is now well settled that one of the essential considerations for considering the application for condoning the delay under Section 5 of the Limitation Act is the merit of the case and ordinarily merit of case aught not to be allowed to be defeated merely on the ground of delay. In the present circumstances, the delay was of 12 days and the time taken by the Insurance Company was primarily due to delay in decision making through administrative process. It was not a case in which the appeal should have been dismissed on the ground of delay only. Even otherwise in the current scenario, the time taken by the appellants in taking decision to file appeal cannot be said to be as a result of gross negligent on their part but was as a result of the system which is prevalent in the Corporation.
(3.) WE , accordingly, set aside the judgment under appeal, allow the application under Section 5 of Limitation Act filed by the appellant in support of S.B. Civil Misc. Appeal No. DR(J)503/2004 preferred by them against the award of the Workman 's Compensation Act dt. 28.05.2004 and condone the delay in filing the appeal. Consequently, the S.B. Civil Misc. Appeal No. DR (J)503/2004 may be regularly registered and further be proceeded in accordance with law.;