MANGALABHAI Vs. SANGLI BANK LIMITED

JUDGEMENT

(1.) THE 6th defendant to the suit o. S. No. 182/1986 has filed this writ petition under Articles 226 and 227 of the Constitution of India, Challenging the order of the additional Civil Judge, Bijapur passed on la No. 21.

(2.) BRIEFLY stated, the facts are as under : the Sangli Bank - respondent No. 1 herein has filed a suit in O. S. No. 182/1986 against the respondents 2 to 6 herein and also the petitioner for recovery of Rs. 18,05,562. 88. The suit came to be decreed by judgment and decree dated 31st January 1995 against the respondents herein. So far as the petitioner is concerned, the same came to be dismissed. After the judgment and decree was pronounced, the bank made an application IA No. 21 under S. 151 of the Code of civil procedure for recalling the entire proceedings subsequent to 30-11-1994 including the Judgment and decree in view of the provisions of the Recovery of Debts Due to banks and Financial Institutions Act. 1993 ('act', for short ). This application came to be contested. By an order dated 12th February, 1997, the Trial Court recalled the judgment and decree and ordered the suit papers to be transferred before the Debt recovery Tribunal constituted under the said Act.

(3.) THIS order is under challenge Sri suresh S. Joshi, learned Counsel appearing for the petitioner, while assailing the said order firstly contended that in a situation where the facts as stated by the first res pondent in IA No. 21 existed, the first respondent could have only filed review petition under Order 47 Rule 1 of Code of Civil procedure and no application under S. 151 of Code of Civil Procedure was maintainable: elaborating the said contention learned counsel submitted by relying on the following decisions of the Supreme Court and this court that if the specific provision is made under the Code of Civil Procedure, the Civil courts cannot invoke the inherent jurisdiction under S. 151 of Code of Civil Procedure and pass orders like the one on hand. The decisions cited are, (1) (1999) 3 SCC 500 : (AIR 1999 SC 1031') Dwarka Das v. State of m. P. (2) AIR 1970 SC 997 Nainsingh v. Koonwarajee, (3) (1999) 4 SCC 89 : (1999 air SCW 1206) R. Rathinavel Chettiar v. Sivaraman and AIR 1987 Kant 715 M. Narajenappa v. Hemavathi.