DRT has to decide issue of limitation first, even if, there is no application for condonation of delay or any objection from the opposite side and further, a case cannot be decided on merit, unless the issue of limitation is settled – State Bank of India Vs. Virendra Kumar Kushwaha and Ors. – DRAT Allahabad
January 17, 2024
Hon’ble DRAT, Allahabad Bench holds that: (i) The Court/Tribunal has to decide the issue of limitation first, even if, there is no application for condonation of delay or any objection from the opposite side and further, a case cannot be decided on merit, unless the issue of limitation is settled. (ii) The applicant-borrower had filed the application for condonation of delay, but the Tribunal below has not considered this aspect, as was mandatorily required by it. The Tribunal below ought not to have passed the order on merit without deciding the limitation issue. Since the issue of limitation is a mixed question of law and the fact that the Tribunal below has not whispered anything about the limitation despite there being application for condoantion of delay. (iii) The Bench remands this matter back to the Tribunal below to decide the limitation aspect after affording opportunity of adducing the evidence and hearing to the parties concerned.
