Bhaskar Bhattacharya, J. - (1.) This revisional application is at the instance of the defendant and is directed against Order No. 21 dated 30 -1 -1997, passed by the Debt Recovery Tribunal (DRT) thereby rejecting an application for correcting the deposition of DW -1. There is no dispute that in the proceedings before the DRT, the defendant Nos. 1 to 5 have disputed the claim of the Bank by filing written statement as well as affidavit on evidence. Defendant No. 5 deposed as DW -1 on behalf of the defendant Nos. 1 to 5.
(2.) It appears from the record that in answer to the questions put to the said witness, the learned Trial Judge, inter alia, recorded the following three sentences : "I cannot say if the claim of the bank is correct or not. I cannot say off hand the exact amount of debt due to the bank from the Respondent No. 1. We have paid nothing against the claim of the bank."
(3.) Subsequently, the petitioner filed an application alleging that the evidence recorded by the Tribunal below did not reflect the actual answers given by the deponent.;