DAITARI SAHU Vs. PEGAL PANDA AND ANR.
HIGH COURT OF ORISSA
Pegal Panda And Anr.
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P.K.Mohanti, J. -
(1.) THE unsuccessful Plaintiff has preferred this civil revision under Section 25 of the Provincial Small Cause Court Act.
(2.) THE Plaintiff is a registered money -lender. He brought the suit for recovery of a sum of Rs. 330/ - on the basis of a handnote dated 2 -5 -1974. The Defendants denied the suit loan and contended that Defendant No. 1 had borrowed one chela of paddy from the Plaintiff and had affixed his signature and thumb mark on a blank paper as security for the loan. Although he had repaid the loan, the Plaintiff did not return the blank paper containing the thumb mark and signature of Defendant No. 1. It was also alleged that the suit was not maintainable for noncompliance with the provisions of the Orissa Money Lenders Act. Both parties led' evidence in support of their respective contentions. The learned S.C.C. Judge without discussing the evidence on record dismissed the suit on account of some suspicious features of the suit document.
(3.) IT is urged on behalf of the Petitioner that the decision of the learned S.C.C. Judge is liable to be set aside due to non -consideration of the evidence on the record. The learned Counsel appearing for the opp. parties on the other hand contended that the Plaintiff not having complied with the provisions of Section 18 -B of the Orissa Money Lenders Act the suit was not maintainable.;
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