Limitation objection and effective hearing requirements led to remand for a speaking appealable order.

An appellate order was found unsustainable because it failed to deal with the limitation objection raised in appeal and did not give the appellants an effective hearing. As the material contentions were not addressed and the matter had remained pending for a long time, the forum declined to decide the dispute on merits. The case was remanded with directions to provide an effective opportunity of hearing, consider the limitation issue and other contentions, and then pass a speaking appealable order.

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Issues: Whether the appellate order could be sustained when the plea of limitation was not dealt with and the appellants were not given an effective opportunity of hearing.

Analysis: The order under challenge did not address the relevant aspects, particularly the limitation objection raised in appeal. In view of the long pendency of the matter and the absence of discussion on the material contentions, the forum found it inappropriate to decide the dispute on merits. The matter was therefore sent back with a direction to afford an effective hearing and pass a speaking appealable order after dealing with the limitation issue and other contentions.

Outcome: The appeal was allowed by way of remand.

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