The court found that while the appeal was filed one day out of time and without leave, the delay was minimal and reasonably explained as inadvertent. The respondents had made and served the requisite application for proceedings, and the only merited complaint was the late filing. Although the law requires strict compliance with timelines and appeals filed out of time without leave are liable to be struck out, the court exercised its discretion in the interest of justice. The order striking out the record of appeal was suspended for 45 days to allow the respondents to apply for extension of time under Rule 4, failing which the appeal would stand struck out. Costs of the application were awarded to the applicants.