drt not a civil court
sivakumar
(Querist) 27 August 2009
This query is : Resolved
What are the implications of judgement of honourable supreme court that DRT is not a civil court sivakumar
R.R. KRISHNAA
(Expert) 27 August 2009
It is simple that DRT's are only meant for recovering money from borrowers and there cannot pass orders on declaring rights of the parties. If there is any dispute as to rights of borrowers and banks then such things can only be adjudicated only before civil courts.
Kiran Kumar
(Expert) 27 August 2009
Krishna is correct.
DRT in fact is a Tribunal which is supposed to follow the summary procedure, however few principles of CPC have been made applicable to it for the procedural purposes but in strict principles of CPC are not applicable to it.
DRT is not to decree rights and liabilities but to determine and order the amount payable by a debtor.
Kiran Kumar
(Expert) 27 August 2009
Krishna is correct.
DRT in fact is a Tribunal which is supposed to follow the summary procedure, however few principles of CPC have been made applicable to it for the procedural purposes but in strict principles of CPC are not applicable to it.
DRT is not to decree rights and liabilities but to determine and order the amount payable by a debtor.
A. A. JOSE
(Expert) 27 August 2009
Yes, the question has been properly dealt with by Mr.Kiran Kumar
Bhumik Dave
(Expert) 28 August 2009
Mr.Kiran is absolu. right i m agreed with him.
dinesh
(Expert) 02 September 2009
DRT is as per law a quasi judicial authority as such it is bounded by the CPC. tHIS IS THE PROCEDURAL ASPECT. they are governed by the principles of natural justice and follow summary procedures. it is formed for a specific purpose and as such a substantive rights between the parties inter se w.r.t property, title, etc can not be dealt by DRT. the jurisdiction w.r.t these matters lay exclusively twith Civil Courts. Similarily the difference lies detween the appeal from DRT and an appeal from Civil Court.
Vikas Kr. Sinha
(Expert) 07 September 2009
DRT is not a court. Means, the strict provisions of Evidence Act and the CPC will not apply in aproceeding before the DRT. In this regard 1970 SC Hukumdeo narayan Singh's case can be referred.riven
