S.B. CIVIL SECOND APPEAL NO.44/2008 I.C.I.C.I. Bank Vs. Bhanwar Singh Date of order : 24th November, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vijay Purohit for the appellant. Mr. B.L. Choudhary for the respondents. --------- 1. This second appeal is directed against the order of the First Appellate Court dated 30.7.2007 by which the learned First Appellate Court rejected the appeal of the appellant Bank only on the ground of the same being barred by limitation of 15 days. 2. Having heard learned counsels, this Court is of the opinion that the approach of the First Appellate Court in the matter has been rather pedantic and wrong. A slight delay of 15 days explained by the application under Section 5 of the Limitation Act ought to have been considered in right perspective and the appeal should have been decided on merit. 3. Accordingly this second appeal is allowed and the impugned judgment and order of the First Appellate Court dated 30.7.2007 is set aside and the appeal is restored to the First Appellate Court for fresh decision on merit. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.11 babulal/-