Bhawani Singh, C.J.

1. This writ petition is directed against order of Debts Recovery Tribunal, Jabalpur dated 19-7-2000 (Annexure P-4) passed in T.A. No. 36 of 1998 by which the Tribunal has rejected the application of petitioners preferred under Proviso to sub-rule (6) of Rule 12 of the Debts Recovery Tribunal (Procedure) Rules, 1994.

2. Civil Suit No. 8-A of 1996 for recovery of Rs. 78,00,822.75 p. with interest pendente the at the future rate of 18.75% per annum with quarterly rest was instituted by the Bank of India (respondent No. 2 hereafter) against the petitioners in the Court of 1st Additional District Judge, Raisen. Following the constitution of Debts Recovery Tribunal, Jabalpur under Section 31 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereafter the Act), the suit was transferred to the Tribunal before evidence could be recorded by the Civil Court. After receipt of record, before issuance of summons to the defendants the Tribunal received evidence in the form of affidavit on behalf of the Bank. This was done behind the back of the petitioners.

3. After receiving summons, the petitioners entered appearance and filed reply to the T.A. T