CH RANGANATH RAJU Vs. BANK OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by one Ch. Ranganath Raju challenging an order dated 21st June, 2006 passed by the Debts Recovery Tribunal, Cuttack (hereinafter called "DRT, Cuttack"). By the said order the DRT, Cuttack rejected the application filed by the writ petitioner for sending his petition filed under O. 9, R. 13 read with S. 151 of the Civil Procedure Code (for short "Code") in TMS No. 19 of 1992 back to the learned Civil Judge (Senior Division), Chhatrapur.

(2.) The material facts of the case are that for realization of its claim the Bank filed against the borrowers and the guarantors, a suit being TMS No. 19 of 1992 in the Court of learned Civil Judge (Senior Division), Chhatrapur. The present petitioner, one of the guarantors, was defendant No. 5 in the suit.

(3.) The suit was contested by the borrowers. Even though the guarantors filed a written statement, but they did not contest the suit. A decree on contest was passed in the said suit on 30-10-1996 against the borrowers and ex parte against the guarantors who were defendant Nos. 5, 6 and 7 in the suit.