HUB LAL SHOW Vs. PREM RAJ LALA

JUDGEMENT

(1.) The respondent Premraj Lala filed an application under Section 38 of the Bengal Moneylenders Act in the court of the Subordinate Judge, Howrah. In that application it was stated that the original loan of Rs. 500/- with all interest accrued thereon at the statutory rate had been fully satisfied from the income. The prayer, however, was that an account be taken of the loan described and a declaration of the amount, if due, if any, be made upon the loan. The present appellant having raised an objection to the maintainability of the application the learned Subordinate Judge decided that the applicant was not entitled to maintain the petition in view of his case made in paragraph 7 of the petition that the loan had been satisfied. He accordingly dismissed the case as not maintainable. Against this Premraj Lala, the applicant, preferred an appeal to the District Judge, Howrah. The learned District Judge was of opinion that the application was maintainable and in that view he allowed the appeal and remanded the case to the trial court for disposal on merits according to law.

(2.) On behalf of the appellant two points have been raised. First, it was contended that the learned District Judge was wrong in his view of law that an application was maintainable. Secondly, it is contended that in any case, an appeal did not lie against the order passed by the learned Subordinate Judge, the District Judge acted without jurisdiction in hearing and allowing the appeal.

(3.) On the first point, I am clearly of opinion that the appellant's contention cannot be accepted. Section 38 provides that any borrower may make an application to the proper court which is indicated in the section itself for taking accounts and for declaring the amount due to the lender. Such application has to be in the prescribed form and accompanied by a fee. It provides that thereafter a notice shall be issued by the Court on the lender and after this the Court shall take an account of the transactions and shall