JHARNA DUTTA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THIS appeal is directed against a common order dated 26th December, 2007 passed by the D.R.T. at Cuttack in two miscellaneous applications namely M.A. -527 and M.A. -528 of 2007.

(2.) IT raises somewhat an interesting question as to whether on the death of a party proceeded against during pendency of recovery proceeding by Bank, the D.R.T. should adhere to the relevant provisions of Order 22 of the CPC.

(3.) IN these state of affairs, two applications for substitution on the death of defendant No. 4 respectively were filed on 25th October, 2007 by applicant -Bank. The appellants to be legal heirs of the deceased -defendant contested the said application by filing written objection.