R.R.YADAV,J. - (1.) SINCE there is a decision rendered by the learned Single Judge of this Court in the case of Daulat Ram v. Punjab National Bank reported in 1990(2) RLW 339 in favour of the appellant, therefore, till reference is decided by the Larger Bench, the instant second appeal -deserves to be admitted, therefore, it is hereby admitted and notice be issued to the respondent Bank.
(2.) THIS second appeal has been preferred against the older dated 23.12.1994 passed by the learned Additional District and Sessions Judge No. l, Chittorgarh in alleged Civil Appeal No. 83 of 1988 whereby the order dated 11.5.87 passed by the Prescribed Authority under Sub -section (1) of the Rajasthan Agricultural Credit Operations (Removal of Difficulties Act, 1974 (hereinafter referred to as 'the Act No. 22 of 1.974') has been affirmed. Brief facts necessary to be noticed are that the appellant was granted a financial assistance of Rs. 68,000/ - for purchase of a Tractor which is an agricultural implement by the Punjab National Bank. It appears that due to default in payment the respondent Bank filed an application under Sub -section (1) of Section 13 of Act No. 22 of 1974 before the Sub Divisional Officer, Chittorgarh. Indisputably, the Sub Divisional Officer, Chittorgarh has been notified by the State Government to function as a 'Prescribed Authority* for the purposes of Sub -section (1) of Section 13 of the said Act.
(3.) THE Sub Divisional Officer, Chittorgarh in his capacity as a prescribed authority within the meaning of Sub -section (1) of Section 13 of Act No. 22 of 1974 issued notice to the appellant who filed a detailed reply denying the alleged outstanding dues against her. According to the appellant she has already deposited Rs. 76,485/ - upto 5.7.85.;