Please do not call proceedings filed under Sec.17 of the Act as 'appeal'. It is not appeal. It is application. Appeal lies to DRAT under Sec.18 against order of DRT passed under Sec 17 of the Act. To avoid confusion please distinguish application (u/s.17) and appeal (u/s 18) of the Act.
Action under the Act consists of four measures viz 13(4) (a),(b),(c) & (d). Each measure consists of a bundle of steps for taking such action. Such steps have to be taken as contemplated in the s.i.(e) rules without any deviation (expressio unius est exclusio alterius). It is open to the borrower to challenge legality of such action however within 45 days from the date of cause of action. In such case res judicata has no application. If an order is passed by drt on any particular issue raised by borrower, he cannot file another application u/s17 to dispute the same issue. However filing of a review application on same issue if not dealt by drt in spite of raising in pleas in the application, it is not hit by res judicata. Civil or criminal courts are not conferred with any jurisdiction to deal with the matters falling within the statutory jurisdiction of drt
