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New Delhi, Jun 24 (PTI) The Supreme Court has held that cases cannot be dissmissed by courts on mere technicalities like delay in filing appeals/petitions as the issue involved has to be fought on merits by the disputing parties. The apex court said unless a malafide intent is shown on the part of the petitioner/appellants, courts should normally deal with the case on merits. "It is the duty of the court to see to it that justice should be done between the parties. It is pertinent to point out that unless malafides are writ large on the conduct of the party, generally as a normal rule, delay should be condoned. "In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it out on such technalities," a bench of Justices Deepak Verma and K S Radhakrishnan said in its order. The apex court passed the order while upholding an appeal filed by the Improvement Trust, Ludhiana, challenging the concurrent orders passed by the District Judge and the Punjab and Haryana High Court. The two lower courts had earlier dismissed the Trust''s appeal challenging a civil court''s decision to auction the Trust property towards realisation of money for paying compensation to certain owners whose land were acquired by it in 1992. The Trust''s appeal were dismissed by the two courts on the ground that it was filed two months beyond the period of limitation. Upholding the Trust''s appeal, the apex court said that in the present case there was no material to show that it had deliberately delayed in filing the appeal after the limitation period.
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