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ISSUES PRESENTED and CONSIDERED
The primary issue considered in this judgment is whether the Debts Recovery Tribunal (DRT) erred in its procedural handling of the substitution of parties following the death of a respondent in a debt recovery proceeding. Specifically, the judgment examines the applicability of the Code of Civil Procedure (CPC), particularly Order 22, to the proceedings of the DRT under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court also considers the Tribunal's authority to regulate its procedure and the implications of not applying certain procedural norms, such as those related to substitution and abatement, in the context of the Act's objectives. ISSUE-WISE DETAILED ANALYSIS 1. Relevant Legal Framework and Precedents The judgment discusses the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, particularly Section 22, which allows the DRT to regulate its procedure without being bound by the CPC. However, the Tribunal must adhere to principles of natural justice. The Court examines whether the procedural norms under Order 22 of the CPC, which deal with substitution following the death of a party, should apply to DRT proceedings. The Court refers to the doctrine of representation and the necessity of substituting legal successors to prevent abatement of proceedings. It highlights previous decisions, such as the case of N. K. Mohd. Sulaiman Sahib v. N. C. Mohd. Ismail Saheb, which emphasize the importance of representation in legal proceedings. 2. Court's Interpretation and Reasoning The Court interprets the relevant provisions of the Act and the CPC, emphasizing that while the DRT is not bound by the CPC, it should adopt certain procedural norms to ensure fair and efficient adjudication. The Court reasons that the absence of clear procedural guidelines for substitution could lead to inconsistent practices and potentially unjust outcomes. The judgment stresses that procedural laws are essential for the orderly conduct of legal proceedings and that the DRT should adopt Order 22 of the CPC to handle situations involving the death, marriage, or insolvency of parties. The Court underscores that these procedural norms are well-established and necessary for maintaining the integrity of legal proceedings. 3. Key Evidence and Findings The Court notes that the Bank failed to take timely steps for the substitution of the deceased respondent, leading to the Tribunal's adverse inference regarding the Bank's conduct. However, the Court finds that the lack of clear procedural guidance contributed to this situation and that the Bank's actions should not be judged harshly without established procedures. 4. Application of Law to Facts The Court applies the principles of natural justice and procedural fairness to the facts, concluding that the DRT should have allowed the substitution of the deceased respondent's heirs. The judgment emphasizes that the Tribunal should adhere to Order 22 of the CPC for substitution to prevent abatement and ensure continuity of proceedings. 5. Treatment of Competing Arguments The judgment addresses the argument that the DRT's flexibility in procedure should not undermine the Act's objective of expeditious debt recovery. The Court acknowledges this concern but asserts that procedural fairness and adherence to established norms are equally important to achieving justice. 6. Conclusions The Court concludes that the DRT should reconsider its approach to substitution and adopt Order 22 of the CPC to handle cases of death, marriage, and insolvency of parties. The judgment sets aside the impugned orders and directs the Tribunal to rehear the matter, ensuring the heirs are brought on record without abatement. SIGNIFICANT HOLDINGS The Court establishes the principle that while the DRT is not bound by the CPC, it should adopt Order 22 for substitution in cases of death, marriage, or insolvency of parties to prevent abatement and ensure procedural fairness. The judgment emphasizes that procedural norms are essential for maintaining the integrity of legal proceedings and that the DRT should not operate in a manner that allows for arbitrary or inconsistent practices. Preserve verbatim quotes of crucial legal reasoning: "The entire procedure as laid down under a self-contained statute, namely, the Recovery of the Debts due to the Bank and Financial Institution Act, 1993 is required to be modulated in terms of Section 19(1) coupled with Clause (2) thereof and also the guiding pari materia appears to be the application of principles of natural justice as laid down in Section 22." "This Court feels that where a party litigant is visited by the eventualities either of death, marriage or insolvency, though the Tribunal is not bound by the Civil Procedure Code but for the efficacious prosecution of the procedure it should adopt the procedure as contained under Order 22 of the Civil Procedure Code." Core principles established: The judgment establishes that the DRT should apply Order 22 of the CPC for substitution to ensure procedural fairness and prevent abatement. It emphasizes that procedural norms are necessary to maintain the integrity of legal proceedings and achieve justice. Final determinations on each issue: The Court sets aside the impugned orders and directs the DRT to rehear the matter, ensuring the heirs are brought on record without abatement. The judgment clarifies that the DRT should adopt Order 22 of the CPC for substitution in cases of death, marriage, or insolvency of parties.
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