SHEELA DUBEY Vs. DEBTS RECOVERY APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE petitioner has assailed the order dated 23.7.2003, passed by the Debts Recovery Tribunal, Lucknow in case No.TA 291 of 2002 (Annexure No.2) as also the order dated 7.12.2005, passed by the Debts Recovery Appellate Tribunal, Allahabad in appeal, upholding the order passed by the Tribunal of the original jurisdiction. Briefly the facts of the case are that the respondent No.3, State Bank of India, being plaintiff filed a regular suit before the court of Civil Judge, Lucknow, which was registered as Regular Suit No.215 of 1991 for recovery of a sum of Rs.18,49,822/ - against the respondent No.4, Company as well as its guarantors.

(2.) DURING the pendencey of the suit before the Civil Court two defendants i.e. defendant No.2 Shri B.R.Dubey and defendant No.4 Shri D.R.Dubey died. In the case at hand the controversy relates to the substitution of legal heirs of Mr.D.R.Dubey, defendant No.4, who died on 24th of December, 1997. The learned counsel for the answering respondent submits that the information of death of Shri D.R.Dubey, was conveyed by the other defendants to the plaintiff in Civil Court on 28.1.1998, whereas vide notification dated 7th of April, 1998 the Debts Recovery Tribunal, Jabalpur was created and the jurisdiction of the Civil Court ceased w.e.f. that date, therefore, the Bank moved an application before the Civil Court on 20.7.1998 for transfer of the case to Debts Recovery Tribunal, Jabalpur and the case was transferred. Then again it was transferred to Debts Recovery Tribunal, Allahabad and thus the Bank moved the application for substitution of legal heirs of defendant No.4 on 31.1.2002 before the Debts Recovery Tribunal, Allahabad.

(3.) HE further submits that under Limitation Act, 1963 the time given to make a party of the legal representative of the deceased -plaintiff or appellant or defendant or respondent, as the case may be, is provided as 90 days from the date of death. Therefore, the application moved by the plaintiff -bank was barred by time. He further contends that Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short Recovery of Debts Act, 1993) provides that the Tribunal shall have power to regulate its own procedure. The Regulations have been formulated and notified, which are called as the Debts Recovery Tribunal Regulations of Practice, 1996. It came into effect on 2.12.1996. Regulation 89 of which confers the power and makes the provisions of Order 22 of the Code of Civil Procedure applicable in so far as moving an application for legal representative of the deceased as party to the proceeding. Regulation 89 is extracted below: -