RAMLAL Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE appellant/plaintiff has filed this appeal against the order dated 12. 12. 2000 passed in Civil Suit No. 10-A/97 by IInd Additional District Judge, Mundwara, Distt. Katni rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure.

(2.) THE case of the appellant/plaintiff is that the loan of Rs. 1,19,479/- was taken by him from the respondent-Allahabad Bank for purchase of tractor and that the respondent Bank has applied for recovery of outstanding amount of Rs. 1,02,167/- under the M. P. Lokdhan Shodhya Vashuli Adhiniyam, 1988. That the appellant/plaintiff has filed a suit for declaration that the defendant bank is not entitled for recovery of Rs. 1,02,167/- from the plaintiff and it was further prayed that the bank be directed to submit the account of the outstanding loan of the plaintiff.

(3.) PRELIMINARY objection regarding the maintainability of the suit was raised by the defendant/bank. It was alleged by the respondent/defendant that the plaintiff took a loan for purchase of tractor on 20. 11. 87 but he did not re-pay the outstanding loan along with the interest. That the Bank took the recourse of the recovery of the outstanding loan under M. P. Lokdhan (Shodhya Rashiyon) Ki Vashuli Adhiniyam, 1988. That, the identical case for the same relief was filed by the appellant/plaintiff in the Court of 1st Additional Civil Judge Class-I, Mundwara bearing Civil Suit No. 93-A/96 which was dismissed. That the suit of the plaintiff is not maintainable because of Section 3 (5) of the M. P. Lokdhan (Shodhya Rashiyon) Ki Vashuli Adhiniyam, 1988 and also due to the bar of Section 10 of the CPC. The defendant raised preliminary objection that the plaintiff has paid the Court fee of Rs. 60/-only and valued the suit for the purpose of jurisdiction for Rs. 600/- and as such the plaint is liable to be rejected because of the non-payment of the required Court fee and for under valuation of the suit for the purpose of pecuniary jurisdiction.