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1963 DIGILAW 91 (ORI)

DAYASAGAR BOHIDAR v. SUKARAM KHADIA

1963-07-15

MISRA

body1963
JUDGMENT : Misra, J. - The Plaintiff is the Petitioner. The suit was brought for recovery of Rs. 500/-. The Plaintiff advanced Rs. 90/- on 8-5-1956 under Ext. 2, Rs. 125/- on 4-] 2-1957 under Ext. 3 and Rs. 200/- on 5-3-] 959 under Ext. 4. The Plaintiff was registered as a money-lender on 12-1-1951. He renewed the registration certificate on 24-8-1956. The defence was a mere denial and that the Defendant was a minor. 2. The learned S.C.C. Judge dismissed the defence contention. He accepted the Plaintiff?s case that exts. 2, a and 4 were for consideration and that these documents are genuine. He dismissed the Plaintiff?s suit on a finding that the Plaintiff did not comply with Rule 11(iii) of the Orissa Money Lenders Rules, which states that every plaint in a suit by a money-lender advancing loans in regular course of business must contain, amongst other particulars, a copy of the account referred to in Clause (a) of Section 7 of the Act relevant to the case. It is conceded that the Plaintiff produced the account as required u/s 7(a), with regard to each of these loans in suit with reference to the Defendant. The learned (sic) Judge dismissed the suit holding that the account so produced was not in conformity with the requirement of the rule, and that the Plaintiff was required to produce his entire account book relating to all debtors and not merely relating to the debts in suit. 3. The learned Judge was fully confused and missed the crucial words "relevant to the case" in Rule 11(iii). Under that clause, the Plaintiff is only required to produce the account pertaining to the loans in suit. This would be made clear from a bare perusal of Section 7(a) which enacts as follows: 7. 3. The learned Judge was fully confused and missed the crucial words "relevant to the case" in Rule 11(iii). Under that clause, the Plaintiff is only required to produce the account pertaining to the loans in suit. This would be made clear from a bare perusal of Section 7(a) which enacts as follows: 7. Registered money-lender to maintain accounts and give receipts: Every registered money-lender shall in respect of every loan advanced by him after the commencement of this Act and every transaction made by him after the commencement of this Act relating to any loan advanced by him before the commencement of this Act (a) regularly record and maintain, or cause to be recorded and maintained, an account showing for each debtor (i) the date of the loan, the amount of the principal of the loan and the rate per centum per annum of interest charged on the loan; (ii) the amount of every payment received by the money lender in respect of the loan, and the date of such payment; and (iii) any other terms which may be agreed on between the money-lender and the debtor; x x x x Requirement of law is with relation to the account of the particular loan in suit. 4. On the aforesaid view and on the finding that there was consideration for exts.3 and 4, the Plaintiff?s suit for Rs. 125/- under Ext. 3 and Rs. 200/- under Ext. 4 with interest must be decreed. The claim for Rs. 90/- under Ext. 2 must be dismissed, as admittedly on 8-5-1906 the Plaintiff did not get himself registered as a money-lender though he was required to do so. 5. In the result, the Plaintiff?s suit must be decreed in part as indicated above. Pendente lite and future interest at 6 per cent. The Plaintiff is entitled to a decree with proportionate costs so far as the court below is concerned. Parties to bear their own costs in the civil revision.