Limitation Act, 1963–Secs. 5 & 14–Code of Civil Procedure, 1908–Order 17 & Sec. 96, Order 9, Rule 13–Trial Court closed the evidence and decided the suit on merits as the counsel pleaded no instructions–Thereafter, the application under Order 9, Rule 13 was also dismissed as it was not accompanied with the application u/s. 5 of Limitation Act–No instructions were pleaded without informing the appellants–Appellants became aware when the notice of execution knocked their door–When the substantial justice is pitted against the technical considerations, then the substantial justice deserves to be given preference–Considerable and sufficient reasons for the delay–Delay condoned.
