JUDGEMENT
S.K.Mukherjee, J. -
(1.) --This is an application under Article 227 of the Constitution of India challenging an order of proclamation of sale issued under the signature of the Recovery Officer, Debts Recovery Tribunal-2, Kolkata.
(2.) This application is not in form. The certified copy of the order impugned has not been annexed with the said application. Chapter V of the Rules of the High Court at Calcutta (Appellate Side) specifies the general rules of procedures. Under Rule 9 of the said chapter V of the said Rules, in the case of an application for revision, certified copy of the order to which the application relates must accompany the application. The said Rule 9 is set out below:
9. In the case of an application revision, the application shall be accompanied by certified copies of each of the following documents:
(i) The judgment, decree or order to which the application relates;
(ii) If the judgment, decree or order to which the application relates was a judgment, decree or order delivered by a Court sitting in appeal, the copies of the judgment, decree or order of the Court of first instance.
Note: Except in application to be heard by a single Judge together with the application shall be filed with duplicate type written copies of the application and the judgments or orders filed with such application.?
(3.) The Debts Recovery Tribunal has been impleaded as opposite party No. 1 in the said application. In an application under Article 227 of the Constitution of India, the Tribunal whose order is challenged is not a necessary party.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.