BASAPPA Vs. GAREMANE KAMANNA

JUDGEMENT

(1.) This appeal is directed against an order of remand dated 30.1.1980 passed by the Civil Judge, Madhugiri in R.A. No. 67/79. The said appeal was filed against the order of the Addl.Munsiff and J.M.F.C., Madhugiri on issues 1 and 2 on O.S. No. 21/1977. By the said order, which is dated 28th June 1979, the learned Munsiff, dismissed the suit.

(2.) The admitted facts are, that the defendant executed a pronote on 26th March 1974 for a sum of Rs. 6.000/-. The plaintiff filed the suit on 12th June 1977. In the said suit, the following issues were raised.

(3.) On appreciating the evidence, the trial Court came to the conclusion that the plaintiff is a money lender, as defined in the Karnataka Money Lenders Act 1961 (for short 'the Act') and that he did not have a valid licence on the date of the suit transaction. It has to be noted that the plaintiff obtained a licence dated 8.10.76 prior to the institution of the suit, which covered the period with effect from 1.1.1972 to 31.7.1976. The trial Court having found that the plaintiff was not a licensed money lender, dismissed the suit. Against the said decree, the plaintiff filed an appeal in R.A. No. 67/79 before the Civil Judge, Madhugiri. The learned Civil Judge after interpreting Section 11 of the Act, came to the conclusion, that as per the unamended provision of Section 11 of the Act, the finding recorded by the trial Court was erroneous and therefore he set aside the said finding the remanded the matter to the trial Court, to dispose of the suit in accordance with law. It is the validity of this order that is challenged in this appeal.