Question

Under Section 31(1), pending suits and proceedings before courts that stand transferred to the DRT: what is the procedure for dealing with them after transfer?

Q: Answer-Under Section 31(1), pending suits and proceedings before courts that stand transferred to the DRT:...

Section 312b provides that the Tribunal, on receipt of records of transferred proceedings, may deal with the suit or proceeding so far as may be in the same manner as in the case of an application under Section 19, from the stage which was reached before such transfer or from any earlier stage as the Tribunal may deem fit. Note the original provision said de novo from the beginning but the words de novo were deleted by Act 1 of 2000, giving the Tribunal discretion to continue from any appropriate stage. Section 311 also contains an important exception pending appeals before courts are NOT transferred to the DRT.

A They are treated as fresh applications and parties must re-file all documents

B They are dismissed and parties must file new applications under Section 19

C They continue from the beginning stage only (de novo) as directed by the Presiding Officer

D The Tribunal may deal with the transferred proceedings so far as may be, in the same manner as under Section 19, from the stage reached before transfer or from any earlier stage as the Tribunal deems fit

E The court from which they were transferred continues to decide them on behalf of the Tribunal

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