UNITED MEDICAL AGENCIES Vs. ABDULGAFER MAHMUDSETH

JUDGEMENT

(1.) This is a revision petition under S. 18 of the Karnataka Small Cause Courts Act, 1964 by the petitioner plaintiff who failed to secure a decree against the respondent defendant in S. C. No. 184 respondent - defendant in S. C. No. 184 of 1979 on the file of the Civil Judge, Hubli.

(2.) In the course of this order, the parties will be referred by the rank and position they had In the lower Court.

(3.) The plaintiff is a firm which filed the suit to recover a sum of Rs. 1,360.50, which included both principal and inlerset, advanced as loan to the defendant Abdul Gafar Mahmudseth Kathewadi. The defendant resisted the suit on the sole ground that he was a debtor within the meaning of that term under the Karnataka Debt Relief Act, 1980 and, therefore, the suit was not maintainable against him, while admitting the suit transaction, but denying the agreement to pay interest at the rate claimed which was 21% per annum.