JAG NARAYAN SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The writ application has been filed for quashing the order dated 17.5.2000 passed by the Presiding Officer, Debts Recovery Tribunal in case No. PT. 42/98 whereby the substitution petition filed by the State Bank of India -plaintiff -respondent No. 1 has been allowed.

(2.) The State Bank of India initially filed a mortgage suit for recovery of its loan against the defendants -respondents including N.D. Singh. The suit was transferred to the Debts Recovery Tribunal pursuant to provision of Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter to be referred as the Act). The defendants -respondents appeared and were pursuing the matter. On 15.9.1999, the defendants filed a petition that defendant No. 2 N.D. Singh died on 14.1.1999, The plaintiff -Bank filed a substitution petition for substitution of legal heirs of de -eased defendant No. 2 on 16.11.1999 starting that plaintiff had no knowledge of death prior to 15.9.1999. N.D. Singh was residing at different place and the Bank had no knowledge about his death. After coming to know about the death, his Counsel informed the Bank with a request to ascertain the names of his heirs. The Branch Manager after inquiry furnished the name of legal heirs of N.D. Singh and, thereafter, the petition for substitution was filed. A rejoinder to the said petition was filed on behalf of the defendants opposing the prayer for substitution on the ground that it is barred by limitation and no prayer for condoning the delay and setting aside abatement has been made. The Presiding Officer of the Tribunal after hearing the parties passed a reasoned order allowing the substitution petition relying upon a decision in the case of State of Madhya Pradesh v. S.S. Akolkar AIR 1996 S.C. 984 on 17.5.2000 which has been impugned in this writ application.

(3.) A Counter -affidavit has been filed on behalf of the Bank -plaintiff -respondent raising a preliminary point with regard to maintainability of this writ application and also justifying the order passed by the Tribunal.