PRATAP SINGH Vs. FIRM DEVCHAND KISHANLAL

JUDGEMENT

(1.) This Bench is constituted to decide the following question referred to a Larger Bench by a learned single Judge of this Court :

(2.) The material facts are these : On 15-9-1964 Dulesingh, father of the defendant settled his earlier accounts with the plaintiffs and signed Khata entry acknowledging his liability to pay a sum of Rs. 2.899.70 p. to the plaintiffs. Dulesingh, thereafter obtained a further loan of Rs. 134.50 p. and signed the khata entry for a sum of Rs. 3034.20 p. The plaintiffs filed the present suit for recovery of Rs. 4100.00 which was inclusive of interest amounting to Rs. 1065.00.

(3.) The defendant contested the suit. He inter alia pleaded that the plaintiffs were money lenders and had not complied with the provisions of Section 3 of the Money Lenders Act. The accounts were therefore liable to be reopened and interest and costs were liable to be disallowed.