SHIW MURAT SHARMA Vs. ALLAHABAD BANK & ORS.

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is at the instance of defendant No. 2 in a proceeding before Debt Recovery Tribunal and is directed against Order No. 40 dated Oct. 19, 2000 passed by the Presiding Officer, Debt Recovery Tribunal in Misc. Application No. 4 of 1999 arising out of T.A. No. 254 of 1994 thereby rejecting an application for setting aside ex parte decree passed in the said proceeding.

(2.) In the aforesaid proceeding before the Debt Recovery Tribunal against the petitioner and opposite party Nos. 2 and 3, the petitioner was described as a guarantor while the opposite party Nos. 2 and 3 were alleged to be actual borrowers.

(3.) There is no dispute that the said proceeding was decreed ex parte against all the defendants including the petitioner.