N. Balakrishnan vs M. Krishnamurthy on 3 September, 1998
In the decision relied on by the counsel for the petitioner reported in N. Balakrishnan v. H. Krishnamurthy, , the Supreme court had said that condonation of delay is a matter of discretion of the Court and when there is latches on the part of the application the Court should compensate by imposing terms. But the Supreme Court has also said in this case in a pithy sentence, "Length of delay is no matter, acceptability of the explanation is the only criterion".