Statutory limitation cannot be waived by consent; a consent term cannot bar the defence or curtail jurisdiction created by law.

A statutory plea of limitation cannot be waived by consent, because a right or power conferred by statute cannot be surrendered by a party's concession. A consent term in earlier proceedings therefore could not prevent the respondent from raising limitation before the adjudicating authority, and it could not curtail jurisdiction created by law. The Court accepted the revenue's concession on this principle and held that the respondent was not barred from asserting the limitation defence. The appeal was rejected.

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Issues: Whether a statutory plea of limitation could be barred by consent and whether the respondent could be prevented from raising that plea before the adjudicating authority.

Analysis: The dispute arose from a consent arrangement in earlier proceedings under which the respondent was stated not to raise limitation, but the Court accepted the revenue's concession that a right or power conferred by statute cannot be surrendered by a party's concession. A consent term cannot take away a statutory defence or curtail jurisdiction conferred by law.

Conclusion: The respondent was not barred from raising the plea of limitation, and the appeal was rejected.

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