Held, when an affidavit is sworn to the facts putting forth sufficient cause, it is necessary for the parties to file counter affidavit to controvert the contents of the affidavit. This aspect of the matter has not been looked into by the lower appellate Court. HC said that advancement of the substantial justice is the main motto of the Courts and if there is some delay, the approach to condone the delay has to be liberal and the trial Court erred in calling upon the petitioner to explain every days delay. Taking into consideration the cause put-forth and the fact that there was no counter affidavit filed by the other side, the HC said that trial Court has committed an error in rejecting the application and not accepting the cause made out to condone the delay. Revision petition allowed.
