Narayan Chandra Sil, J. - (1.) C.O. No. 1040 is directed against the order impugned No. 8 dated March 10, 1999 and order dated March 30, 1999, passed by the learned Recovery Officer in pursuance of ex parte order/ judgment dated December 5,1996, passed by the learned Recovery Officer, Debts Recovery Tribunal, Calcutta and C. O. No. 262 of 1999 is directed against the Order No. 4, dated October 28, 1998, passed by the learned Recovery Officer in pursuance of an ex parte order/judgment dated September 17, 1997, passed by the learned Presiding Officer, DRT, Calcutta.
(2.) It is clearly stated by the petitioner in C. O. No. 1040 of 1999 in paragraph 8 that both the matters are analogous in nature. Thus as the parties are in agreement for analogous hearing of the matters I have taken up both the revision applications under Article 227 of the Constitution of India for analogous hearing as the question of law in both the revisions are same and similar.
(3.) The facts of the case in brief are that a mortgage suit was filed and after the introduction of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the said suit was transferred to the Debts Recovery Tribunal and registered as T. A. No. 308 of 1995. An ex parte judgment was delivered by the Tribunal on December 5, 1996, without any notice upon the petitioner. After having come to know about the ex parte decree the petitioner filed the miscellaneous application for setting aside the ex parte judgment and certificate. But on the basis of the said ex parte judgment and certificate issued on January 6, 1997, by the learned Presiding Officer recovery proceeding being R. P. No. 13 of 1997 was initiated. It is also stated that judgment debtor No. 1 who was respondent No. 3 of the proceeding were parties in another recovery proceeding arising out of the same ex parte order and the said recovery proceeding was numbered as R. P. No. 186 of 1997. Against that recovery proceeding and the order of the Tribunal the present revision application has been filed, another revision application under Article 227 of the Constitution of India was filed and the same was registered as C. O. No. 262 of 1999. Both the matters arose out of the same ex parte judgment and order and absolutely analogous in nature.;