BINA ALHAD NAIK Vs. DEU KESHAV NAIK

JUDGEMENT

(1.) The appellant is the original plaintiff. The appellant instituted a suit in the Civil Court being Special Civil Suit No. 74/2001. The suit was filed with following prayers.

(2.) It appears that the original defendant Nos. 3 & 4 filed their written statement on 6.12.2001 and issues were drawn on the basis of the pleadings on 15.6.2002. Thereafter, affidavit evidence of the plaintiff was also led. In the meanwhile, an application was filed by defendant Nos. 1 & 2 (Exh.23) for rejection of the plaint by invoking powers under Order VII, Rule 11 of the Code of Civil Procedure.

(3.) The gist of the pleas raised is that the defendant No. 1 availed various loans from the original plaintiff. The affidavit evidence shows as to how the loans were advanced. Prayer Clause (aa) speaks about the recovery of amount of Rs. 23,10,000/- together with further interest at the rate of Rs. 18 %. In such circumstances, it is evident that the plaintiff carries on business of money lending. In view of Section 14 of Goa Money Lenders Act, there is a bar and unless the money lender holds a valid licence, he cannot come before a Court of Law and seek recoveries of monies lent. In such circumstances and unless the requirement of that Statute is satisfied, the Civil Court will have no jurisdiction to entertain the suit. The suit, therefore, be dismissed.