BANSHILAL KHARAKWAR Vs. NARBADA PRASAD CHAURASIA

JUDGEMENT

(1.) THIS is an appeal under section 96 of the Code of Civil Procedure filed by the appellant -defendant against the judgment and decree dated September, 8, 1994, passed by XIIth Additional District Judge, Jabalpur, in Civil Suit No. 7 -B/94, whereby the plaintiff's suit for the recovery of Rs. 23,831.00 has been decreed in part.

(2.) BRIEF resume of the facts required to be stated for disposal of this appeal is as follows :

(3.) COMBATTING the allegations made in the plaint, the appellant -defendant filed his written statement and denied the allegations made in the plaint. The defendant stated that he never received any amount from the plaintiff. He has denied the execution of document, Ex. P -1. It was put forth by the appellant -defendant that the plaintiff is a moneylender. He could not have filed the suit without obtaining the moneylender's certificate. The defendant also pleaded that he belongs to scheduled caste. Provisions of M.P. Anusuchit Jati and Anusuchit Janjati Rini Sahayata Adhiniyam, 1967 apply to the transaction, in question, and the Civil Court had no jurisdiction to decide the suit.