Alok Kumar Basu, J. - (1.) Originally Provabati Chatterjee also known as Provabati Devi since deceased, filed this application under Article 227 of the Constitution of India challenging the order dated 13th January, 2000 passed by Presiding Officer, Debt Recovery Tribunal in connection with Misc. Case No. 23 of 1999 arising out of T.A. No. 96 of 1995 and on the death of said Provabati Devi during pendency of the present application, Bhagya Laxmi Maulik and others have been substituted in place of the original petitioner and those substituted petitioners are now pursuing the said application.
(2.) It is available from the application that the State Bank of India, opposite party No. 1 of the present application filed a Title Suit No. 64 of 1988 against opposite party No. 2 as defendant No. 1 and Provabati Devi as defendant No. 2 respectively before the Assistant District Judge, 2nd Court, Alipore for realisation of bank dues and subsequently after establishment of Debt Recovery Tribunal, the said Title Suit was transferred in the file of Tribunal and was renumbered as T.A. No. 96 of 1995.
(3.) It is the case of the petitioner that without service of any summons upon her either in the original Title Suit or in the transfer application before the Tribunal, the Tribunal passed an ex parte decree against both opposite party No. 2 and the petitioner and only after getting information on or about 14th November, 1998 about such an ex parte decree, the petitioner filed an application for setting aside the said ex parte decree along with a separate application for condonation of delay in filing the said application on 14th May, 1999. The petitioner has stated that the Tribunal by its order dated 13th January, 2000 rejected the, said application for setting aside the ex parte decree both on merit and also on the ground that it was not maintainable being hopelessly barred by law of limitation. The petitioner has challenged the said order of the Tribunal by filing this application tinder Article 227 of the Constitution.;