The provisions of CPC can be invoked to a limited extent, as provided under section 22 of the RDB Act, in which Order XX Rule 11(2) does not find place to be invoked – Indian Bank Vs. M/s Hotel Tiger Inn – DRAT Allahabad Bench

The provision of Order XX Rule 11(2) of CPC is applicable to the decree passed in a money suit under the CPC, whereas the O.A. was filed under the RDBI Act, wherein the provisions of CPC can be invoked to a limited extent, as provided under section 22 of the RDB Act, in which Order XX Rule 11(2) does not find place to be invoked. Further, the said provision can be invoked only with the consent of the decree holder and no installment can be fixed without consent of such decree holder. In the instant case, the counsel for the Bank has vehemently opposed the application filed by the respondents. Thus, there was no question of any consent. So even otherwise, the Tribunal below has wrongly allowed the application under the pretext of Order XX Rule 11(2) of the CPC.

The provisions of CPC can be invoked to a limited extent, as provided under section 22 of the RDB Act, in which Order XX Rule 11(2) does not find place to be invoked – Indian Bank Vs. M/s Hotel Tiger Inn – DRAT Allahabad Bench Read Post »