RANJEET KR TIBREWAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS civil revision application is directed against the order dated 12.3.99 passed by Subjudge Vth, Ranchi whereby he has passed an order for transfer of Misc. case No. 5/95 to the Debt Recovery Tribunal, Patna.

(2.) PETITIONER 'scase is that the opposite party -Bank instituted Money suit No. 126/85 against the petitioner for the recovery of the dues of the Bank. It is stated that when the petitioner was served with a notice on 19.2.98 from the court of the Registrar, Debt Recovery Tribunal, Patna that one execution case no. 6/96 formerly pending in the court of the Subjudge, Ranchi, has been transferred to the Debt Recovery Tribunal, Patna and the said case is registered there was Execution case no. 2/98, the petitioner immediately went to Patna and came to know that the said execution case relates to a decree passed against him in the aforementioned Money suit No. 126/85 from the court of Vth Subjudge, Ranchi. The petitioner then got the records inspected and came to know that an ex parte decree was passed against him on 6.7.95. The petitioner then filed an application under Order IX rule 13 CPC read with section 151 CPC praying for setting aside the ex parte decree passed against him. The said application was filed in the court of Subjudge Vth, Ranchi and registered as Misc. case no. 5/98.

(3.) IT appears that the petitioner, thereafter filed an application before the Vth Addl. Subjudge, Ranchi submitting that the petition for setting aside the decree is maintainable before the court which passed the decree and prayed for hearing of the application. The learned Subjudge Vth, Ranchi, after hearing the petitioner, rejected the prayer of the petitioner and ordered for transfer of the case to the Debt Recovery Tribunal, Patna.