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      Question

      Under Section 22(1), the Tribunal is _____ bound by the

      Code of Civil Procedure and shall be guided by _____.
      A Fully; provisions of the SARFAESI Act, 2002 Correct Answer Incorrect Answer
      B Partially; the Indian Evidence Act, 1872 Correct Answer Incorrect Answer
      C Strictly; rules made only by the Central Government Correct Answer Incorrect Answer
      D Fully; instructions issued by the DRAT Chairperson Correct Answer Incorrect Answer
      E NOT; the principles of natural justice Correct Answer Incorrect Answer

      Solution

      Section 22(1) expressly provides that the Tribunal and Appellate Tribunal shall NOT be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice. Subject to the Act's provisions and any rules, the Tribunal has power to regulate its own procedure including places of sittings. This procedural flexibility is designed for speedy adjudication. However, Section 22(2) grants the Tribunal the same powers as a civil court for specific listed purposes (summoning witnesses, receiving affidavit evidence, issuing commissions, reviewing decisions, setting aside ex parte orders), ensuring procedural fairness while avoiding the delays of the CPC.

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