The attention of the Courts is directed to the proviso to Order XXI, Rule 58 (1), which requires that no investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed.Note. - It is for the Courts to decide reasonably on the circumstances of each case whether there has been such delay; but if the Court decides that there has been such delay, the law leaves it no option as to the dismissal of the claim or objection.
