MOTIRAM Vs. LACHHURAM

JUDGEMENT

(1.) THIS is an application in revision by the plaintiff from the dismissal of his suit by the learned District Judge, Bhind reversing the decree passed in his favour by the Civil Judge, Second Class, Gohad.

(2.) THE suit was for the recovery of a loan of Rs. 175 alleged to be advanced by the plaintiff to the defendant on May 25, 1952 and for Rs. 63 as interest thereon. In paragraph 1 of the plaint there is a mention of an entry in his account -book alleged to be signed by the defendant. In evidence when the plaintiff examined himself and sought to prove the entry in the account -book it was held to be inadmissible for want of stamp. The learned trial Judge held it to be an acknowledgment and since a one anna stamp was not there it was not admitted in evidence. However, after recording the evidence of the parties the trial Judge passed a decree in the plaintiff's favour. The first appellate Court reversed the decree and dismissed the plaintiffs suit holding that not only the entry was inadmissible but no other evidence could be produced by the plaintiff.

(3.) THE learned District Judge has dismissed the suit on one more ground. He has held that the plaintiff had no money -lender's licence as required under the Madhya Bharat Money Lender's Act on the date of the suit, that is, May 25, 1955. The licence dated June 6, 1955 which has produced by the plaintiff has been found to be of no avail. It appears to me that the attention of the learned Judge was not invited to the decision of my learned brother Nevaskar J. in Bhera vs. Chaturbhuj 1954 MBLJ 1719 where it has been held that there could be no valid registration and no valid issue of certificate under the Madhya Bharat Money Lender's Act before August 21, 1952 when the Rules under that Act came into force. The suit transaction here is dated May 25, 1952. This suit could not be dismissed for want of a money -lender's licence.