Rajesh Balia, J.—All the respondents have been served. Mr. Bhansali appears for respondent No.3. Other respondents have not put in appearance.

2. The appeal is against the order dt. 08.04.2005 by which the appeal filed by the present appellant has been dismissed by the learned Single Judge inter alia on the ground that the application under Sec. 5 moved by the appellant as the appeal was barred by 12 days, does not disclose sufficient cause which could have prevented the appellant from filing the appeal within limitation. Merit of the case has not been examined and it was the first appeal before the learned Single Judge.

3. Having perused the application we are of the opinion that pedantic view has been taken by the learned Single Judge on the application under Sec. 5 of the Limitation Act. It is now well settled that one of the essential considerations for considering the application for condoning the delay under Sec. 5 of the Limitation Act is the merit of the case and ordinarily merit of case aught not to be allowed to be defeated merely on the ground of delay. In the present circumstances, the delay was of 12 days and the time taken by the Insurance Company was primarily due to d

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