KESUMAL VAPARMAL A FIRM Vs. BHAGWANDAS BHOJRAJ

JUDGEMENT

(1.) This appeal by the defendants is directed against a judgment of the District Judge, Raipur, dated 25th March, 1975, decreeing the plaintiff's claim for recovery of Rs. 14,365/- on the strength of three Hundis dated 9-2-1973- The Hundis are Exs. P-2, P-3 and P-4.

(2.) The short point involved in the appeal is whether the learned District Judge had jurisdiction to entertain the suit. It is urged that the summary procedure provided by Order XXXVII of the Code of Civil Procedure, for trial of suits based on Negotiable Instruments, is not applicable to the State of Madhya Pra-desh, unless there is a notification by the State Government in that behalf, under Sub-clause (b) of Rule 1 thereof.

(3.) The question arises under the following circumstances On 9-2-1973, tha plaintiff who is a registered money-lender, advanced a cash loan of Rs. 13.000/- to the defendant on the strength of three Sahjog Hundis, Exts. P-2, P3 and P-4, payable after 90 days. On the due date. i. e., on 10-5-1973, the Hundis were presented but they were dishonoured. The plaintiff, accordingly, after service of a notice of demand dated 29-6-1974, instituted the present suit on 19-11-1974 for recovery of Rs. 14,365/-, comprising of Rs. 13,000/-being the principal and Rs. 1,305/- towards interest due thereon at the rate of 12% per annum.