especially in cases of nondeliberate delay which cannot result in an injustice being done. Even going by the said decision, we cannot find a non deliberate delay in the above matter. As we already found, there is no explanation for the deceased first defendant, to have not contested the matter, the joint ownership with the other defendant and the power of attorney executed in his favour as also the sale agreement being admitted. If in fact the power of attorney was cancelled as pleaded then it should have made the defendant more alert in contesting the suit in which he appeared. The suit for specific performance filed in his lifetime was left uncontested despite the appearance. The death of the first defendant was long after the decree. The legal representatives though claimed to be unaware of the decree, was made aware when a notice of execution proceeding was served on them. They appeared in the execution court and neither contested it nor filed an application to set aside the decree for long. A frivolous contention has been raised that the lawyer took time to return the files; which contention is also a bland statement made
