Recall of final order for failure to decide limitation first, with rehearing ordered to avoid miscarriage of justice.

An earlier final order was recalled under Rule 41 because the appeal had been decided on merits without first recording a finding on the preliminary issue of limitation, despite submissions on that point having been noted. The omission was treated as an apparent error on the face of the record, and recall was considered necessary to prevent miscarriage of justice. The application for recall was allowed, and the matter was directed to be reheard and disposed of afresh.

---

---

Issues: Whether the Final Order dated 18-2-1999 was liable to be recalled under Rule 41 of the CEGAT (Procedure) Rules on the ground that the preliminary issue of limitation had not been decided though the merits had been adjudicated.

Analysis: The order dated 18-2-2001 recorded that the earlier Final Order had proceeded to decide the merits without first recording a finding on limitation, even though submissions on that issue had been noted. This omission was treated as an apparent error on the face of the record, and recall was considered necessary to avoid miscarriage of justice. The application was therefore allowed and the matter was directed to be reheard.

Conclusion: The Final Order dated 18-2-1999 was recalled and the appeal was posted for fresh hearing and disposal.

---