Judgment :- 1. Defendant in a suit for injunction is the appellant. The trial court decreed the suit. Defendant filed as appeal before the appellate court. The appeal was filed out of time. There was a delay of 1 year, 4 months and 7 days. The appellant filed an application to condone the delay in filing the appeal. The application to condone the delay was dismissed. In dismissing the application, the court said: "While considering the above question, I have to bear in mind that when the time for an appeal has once passed, a successful litigant acquires a valuable right which should not be taken away from him except for compelling reasons." 2. Of course, in the matter of condoning the delay in filing the appeal, the courts are taking this attitude. The Supreme Court had occasion to consider this question and said: "It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other Courts in the hierarchy." Vide-Collector, Land Acquisition Anantnag v. Katiji (AIR. 1987 SC. 1353). The order of the appellate court justifies this presumption of the Supreme Court. A justifiably liberal approach is needed in the matter of condoning the delay in filing the appeal. For taking this attitude, the Supreme Court has given six reasons. I shall quote those reasons also. 1 Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after bearing the parties 3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner. 4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. 5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. 5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk. 6. It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so. 3. In the circumstances, I feel that there are justifiable grounds to condone the delay in filing the appeal. But, from the facts disclosed, it is seen that there is negligence on the part of toe appellant in not filing the appeal in time. Though a liberal approach has to be made in the matter of condoning the delay in filing the appeal, it must not give a licence to litigants to ignore the statutory provision, which mandates that an appeal has to be filed within a particular time. In the circumstances, I feel that this is a fit case where I should allow the application to condone the delay in filing the appeal before the lower court on terms. 4. I direct that the appellant should pay as amount of Rs. 500/- as costs to the counsel appearing for the respondents within six weeks from today. If this amount is paid within the time stipulated, the second appeal will stand allowed and the judgment of the appellate court will stand set aside and the matter will be remitted to the appellate court for fresh disposal of the appeal. Otherwise, the second appeal will stand dismissed. Post this case after six weeks.