2003 (1) TMI 548

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....ties and having perused the record of the case, I find no substance in the writ hence, it merits dismissal. 2. What is challenged in this writ is a summon/notice, dated 2-12-1998 (Annexure P-4) issued by the Debt Recovery Tribunal. In fact, the respondent - a Bank has filed a suit against the petitioner for recovery of outstanding loan amount in Debt Recovery Tribunal. The suit was entertained by....

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....er of Tehsildar operates as res judicata in all subsequent proceedings inter se parties in relation to loan dispute and hence, filing of suit is bad for want of cause of action. In my view, the argument is not acceptable. 5. In a situation like the one, arising therefore, the remedy of petitioner is to file the written statement in answer to suit filed by the respondent and raise all factual as a....