Right To Appeal Cannot Be Made Conditional Upon Deposit Of Decretal Sum: Himachal Pradesh High Court

The Himachal Pradesh High Court clarified that appellate courts cannot impose conditions like mandatory deposit of part of the decretal amount while deciding applications for condonation of delay under Section 5 of the Limitation Act. The case arose when an appeal filed under Section 96 CPC, accompanied by a condonation application, was conditionally allowed on depositing 50% of the decretal amount. On non-compliance, the appeal was dismissed. Justice Ajay Mohan Goel held such conditions as legally unsustainable, emphasizing that courts may impose reasonable costs but cannot tie condonation to financial burdens. The earlier conditional order and subsequent dismissal were both quashed. Instead, the High Court condoned the delay subject to a cost of ₹15,000 payable to the Chief Justice Disaster Relief Fund, 2025. This ruling reinforces that the right to appeal cannot be curtailed through unreasonable conditions, ensuring litigants’ access to justice remains unfettered by arbitrary financial impositions.