- (1.) Heard Sri D.S.P. Singh, learned counsel for the appellant. None for the respondents even when the list is revised.
(2.) This second appeal has been filed by the defendant being aggrieved by judgment passed by the learned First Additional District Judge, Varanasi dated 26.11.1980 in Civil Appeal No. 355 of 1978 arising out of Original Suit No. 188 of 1977 decided by learned Second Civil Judge, Varanasi decreeing the suit of the plaintiff for recovery of Rs. 12,080/- with pendente lite and future interest @ 6% p.a. till actual payment is made.
(3.) Appeal has though been admitted by the predessor of this Court only on one substantial question of law namely, whether the plaintiff's suit was barred by Section 26 of the U.P. Regulation Money Lending Act, 1976, However, during forceful arguments advanced by learned counsel for the appellant, he submits that there is another issue intrinsic to the substantial question of law framed by the learned High Court i.e., whether the defendant no. 2 who had admittedly advanced loan in favour of the defendant no. 1 on 01.07.1974 for a sum of Rs. 8,000/- was entitled to transfer the right of recovery in favour of the plaintiff through an endorsement on the pro-note.;