Substitution of legal heirs before the Debts Recovery Tribunal requires a workable Order 22 CPC approach to prevent unjust abatement.

The Debts Recovery Tribunal, though not bound by the strict procedure of the Code of Civil Procedure under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, must still use a fair and workable procedure consistent with natural justice and expeditious adjudication. Where a party dies during proceedings, the Tribunal should apply the substance of Order 22 CPC to bring legal heirs on record and avoid arbitrary abatement. The limited use of that procedure was held necessary to prevent unjust procedural consequences. The Tribunal's insistence on condonation without a clear basis and its adverse remarks were unwarranted, and an order of abatement in the manner adopted could not stand.

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Issues: Whether the Debts Recovery Tribunal, while proceeding under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, could invoke the procedural framework of Order 22 of the Code of Civil Procedure for substitution on the death of a party and avoid abatement of the proceedings.

Analysis: The statutory scheme under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 makes the Tribunal free from the strict procedure of the Code of Civil Procedure, but not precluded from adopting a suitable procedure consistent with natural justice and the object of expeditious adjudication. In proceedings affected by death, the Tribunal must have a workable procedure to bring legal heirs on record. Order 22 of the Code of Civil Procedure provides the established mechanism for substitution, abatement, and setting aside abatement, and its limited application was held necessary to prevent arbitrary or whimsical procedural consequences. The Tribunal's adverse remarks and insistence on condonation without a clear procedural basis were therefore unwarranted.

Conclusion: The Tribunal was required to apply the substance of Order 22 of the Code of Civil Procedure for substitution of heirs, and an order of abatement could not be passed in the manner adopted.

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