Code of Civil Procedure, 1908–Secs. 96 & Order 41, Rule 23A–Limitation Act, 1963–Sec. 5–Appellate Court admitted the application by condoning the huge delay of ten years and eight months–Plaintiff/decree-holder had acquired a valuable right and a Court of law can not deprive him of a valuable right without hearing him–Appellate Court was required to issue the notice to him as to why the delay should not be condoned–Appellate Court overlooked the mandatory provisions of Order 41, Rule 31 and decided the appeal as if it was deciding the application under Order 39, Rules 1 & 2–Impugned order is quashed and appellate Court is directed to decide the appeal in accordance with the law.
