SM. UMA KANORIA Vs. PRADIP KUMAR DAGA

JUDGEMENT

(1.) This is an application for a summary judgment and decree under Chapter XIIIA of the Original Side Rules. The case made out by the plaintiff may be summarised thus :

(2.) Although the present proceedings under Chapter XIIIA of the Original Side Rules have been opposed by Mr. Mitra, the learned counsel appearing on behalf of the defendant but no affidavit-in-opposition has been filed. Mr. Mitra, however, has taken a pure question of law challenging the maintainability of the present proceedings.

(3.) According to Mr. Mitra, in the absence of any material showing that the plaintiff has a money-lending licence as required under the provision of Bengal Money-Lenders Act, the suit is not maintainable and as such the plaintiff is not entitled to get any relief claimed in the application. In support of such contention Mr. Mitra strongly relies upon a decision of this Court in the case of Shiv Kumar Tody Vs. Amolak Chand Champalal & Ors. 1993(2) CLJ 135.