Answer: The  Debts Recovery Tribunals and Debts Recovery Appellate Tribunals are not bound by the procedure laid down by the Code of Civil Procedure, 1908.

(See Section 22(1) of RDB Act, 1993)

Answer: It has been held by the Supreme Court of India that though Debts Recovery Tribunals and Debts Recovery Appellate Tribunals are not bound by the procedure late down by the Code of Civil Procedure, 1908, they can go even beyond the Code of Civil Procedure, 1908 because they are guided by the principles of natural justice and they have the power to regulate their own procedure. ICICI –Versus- Graphco Industries reported in (1994)4 Supreme Court Cases 710.

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of summoning and enforcing the attendance of any person and examining him on oath. 

(See Section 22(2)(a) of RDB Act, 1993)

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of requiring the discovery and production of documents.

(See Section 22(2)(b) of RDB Act, 1993)

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of receiving evidence on affidavits. 

(See Section 22(2)(c) of RDB Act, 1993)

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of issuing commissions for the examination of witnesses or documents. 

(See Section 22(2)(d) of RDB Act, 1993).

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of reviewing their decisions. 

 (See Section 22(2)(e) of RDB Act, 1993).

Answer: Any party considering itself aggrieved by an order made by a Debts Recovery Tribunal on account of some mistake or error apparent on the face of the record desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal which had made the order.  No application for review shall be made after the expiry of a period of thirty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application but where the Tribunal is of opinion that the application for review should be granted, shall grant the same.

 

(See Rule 5A of the DRT (Procedure) Rules, 1993)

Answer:  Any party aggrieved by an order passed by the Debts Recovery Appellate Tribunal, on account of some mistake or error apparent on the face of the record, desires to obtain a review of such order, may apply for a review to the Appellate Tribunal which passed the order. No application for review shall be made after the expiry of a period of thirty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. Where it appears to the Appellate Tribunal that sufficient ground for a review does not exist, it shall reject the application, and if it is satisfied with the grounds raised in the application for such review, it shall allow the application for review of the order. 

(See Rule 6A of the DRAT (Procedure) Rules, 1994)

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of dismissing an application for default or deciding it ex parte.

 

(See Section 22(2)(f) of RDB Act, 1993).

Answer: The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of setting aside any order of dismissal of any application for default or any order passed by it ex parte. 

(See Section 22(2)(g) of RDB Act, 1993).

Answer: The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an application made to Debts Recovery Tribunals.

(See Section 24 of RDB Act, 1993).