SHANTILAL Vs. SUMANKANT

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 15.4.2005 passed by II ADJ (Fast Track). Jhabua in civil suit No. 3 -B/2003 whereby the suit filed by the appellant for realization of Rs. 80,000/ - was dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a suit for realization of a sum of Rs. 80.000/ - alleging that the appellant lent a sum of Rs. 58,500/ - to the respondent on 3.8.1993 on execution of promissory note. It was alleged that the amount was repayable along with interest @ 2% per month. It was further alleged that at the time of lending the money respondent gave post -dated cheque for 2.5.1994. Further case of the appellant was that upon presentation of cheque, the same was dishonoured on the ground that the account stands closed. It was alleged that thereafter appellant issued a legal notice dated 19.4.1995 but in spite of that amount was not repaid, hence the suit was filed wherein appellant claimed a sum of Rs. 58,500/ - as principal along with interest and notice charges. The suit was contested by the respondent on various grounds including on the ground that the appellant is a money lender and without having a licence and without complying the provisions of Money Lenders Act, the suit itself is not maintainable. It was prayed - that the suit be dismissed.

(3.) DURING pendency of the appeal an application was filed under Order 41 Rule 27 of CPC which is marked as I.A. No. 1353/2005 along with photocopy of certificate of registration from the office of the Nagar Panchayat, Petlawad, District Jhabua wherein it is mentioned that appellant is registered as money lender under the provisions of Money Lenders Act, 1934.