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Law Of Limitation Only Bars Judicial Remedy, The Substantive Right Survives: Kerala High Court

The Kerala High Court decided in a pension recovery matter that the Law of Limitation only bars judicial remedy, and that the substantive right itself survives and continues to be available in other ways and clarified that the rules of limitation are not meant to destroy the rights of parties. A division bench of Justices Alexander Thomas and K. Babu while disposing the petition held as follows: “We make it clear that the substantive right of the petitioners/Bank to recover the money paid in excess to the original applicant in ways other than judicial remedy is not destroyed by reason of the rules of limitation.” The petition was filed by the Bank challenging the order of the Central Administrative Tribunal which held that the recovery of an amount prior to the span of three years from the date on which the mistake was discovered is barred by limitation.

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