UMESH CHANDRA & COMPANY Vs. PRAMILA GWALRE

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 31/3/2005 passed by 5th Additional District Judge, Raipur (CG) in Civil Suit No. 50-B/2003 wherein the said court decreed the suit filed by the respondent/plaintiff for recovery of money to the tune of Rs.1,00,000.00 and interest with cost of the suit.

(2.) Respondent/Plaintiff filed a civil suit for recovery of a sum of Rs.1,25,000.00 stating that she has advanced a loan of Rs.1,00,000.00 with interest @ 2.5% monthly payable in advance to the appellant. The amount of interest has been paid from time to time, but subsequently appellant/defendant stopped paying the interest of the amount, therefore, respondent/plaintiff issued a legal notice to him on 30/5/2002 for repayment of the amount and when no amount has been paid she filed a civil suit for recovery of the amount which is decreed by the trial Court.

(3.) Learned counsel for the appellant would submit that the respondent is not registered under Money Lenders Act, 1934 (for short, the Act, 1934"), therefore, she is not entitled to file a suit against the appellant. He would further submit that as the account of interest is not provided by the respondent, therefore, interest cannot be recovered by her as per the provisions of the Act, 1934.