RAM NARESH PRASAD vs INDIAN OVERSEAS BANK on 5 February 2026

ORDER

This Review Application has been filed by the applicant to review the order dated 18.05.2022 passed in the OA 193/2018 by this Tribunal.

2. It is submitted by the Id. Counsel of the applicant that the applicant is neither borrower nor guarantor to the loan account in question in OA 193/2018. The applicant had not executed any documents as well as guarantee agreement relating to the loan account in question. The applicant has not signed any documents related to the loan account in question. The signature of the applicant i.e. defendant no. 3 of OA appears to be forged and seriously challenged. The respondent bank has not disclosed the capacity of defendant no.3 i.e. applicant herein, in his plaint of OA.

DRT,PATNA RA 11 of 2022 IOI

4. On the contrary, Id. Counsel of the respondent bank submitted that the present review application is barred by law of limitation as it has been filed beyond the prescribed period. It is further submitted that the applicant has not pointed out any irregularity or any error on the face of record. Furthermore, the Ld. The Tribunal has no power to condone the delay in filing a Review Application. Hence, the present RA may be dismissed. Considered the contentions of the applicant bank and perused the case records. The present Review Application has been filed by the applicant under rule 5-A of the Debts Recovery Tribunal [Procedures] Rules 1993. The rule 5-A reads as under- “[1] Any party considering itself aggrieved by an order made by the Tribunal On account of some mistake or error apparent on the face of the records desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal which had made the order. [2] No application for review shall be made after the expiry of a period of thirty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. [3] Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application [but where the Tribunal is of opinion that the application] for review shall be granted, it shall grant the same.”

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7. This review petition is filed for reconsideration of the case on the merit and evidence which was not produced at the time of final hearing which is beyond the scope of inquiry under Rule 5A. The phrase “mistake or error apparent on the face of record" can’t be construed as de novo re- appreciation of facts and evidence. Neither reason has been explained nor did any documents bring on the record at the time of final hearing. The Case can be decided on the basis of facts and relevant evidence available on record. There appears no error apparent on the face of record. Points raised in this application are about reappraisal of fact and ~ / .Ap \afAR\-~

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DRT.PATN A RA 11 of 2022 IOI evidence. The error apparent on the face of record is not a matter of presumption. The relief or a ground not discussed in the judgment shall be treated as declined and pointless.

10. This review petition is mainly on the ground of non-appreciation of the pleadings, facts and evidence and the law which is beyond the scope of inquiry under Rule 5A. The phrase “mistake or error apparent on the face of record" can’t be construed as de novo re- appreciation of facts and evidence.

11. In my opinion, the grounds as mentioned in the Review petition, relate to appreciation of facts, evidence and the law. The scope of enquiry under the review application is not extended to revisit or de novo appraisal of evidence. Neither this application discloses any arithmetical, clerical error apparent on the face of record, nor has it been pointed out during the course of arguments. As such this petition for review is not legally maintainable and dismissed accordingly . As such this petition has no merits and is dismissed, accordingly. Order signed, sealed, dated and pronounced in the open court on this 05TH Day of February, 2026. Dictated & corrected by me. [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna