UCHHAB RANA Vs. LAXMAN RANA

JUDGEMENT

(1.) THIS is a Defendant's petition under Section 115, Code of Civil Procedure, arising out of a suit for recovery of money on the basis of hand note executed by the Defendant in favour of the Plaintiff on 6th June 1953. The defence was one of denial of the transaction and also that the suit is hit by the provisions of Section 8 of the Orissa Money -Lenders Act, as the Plaintiff had not got himself registered as a money -lender.

(2.) THE learned Munsif found the suit hand note to be a genuine transaction for consideration, but he dismissed the suit on the ground that Section 8 of the Orissa money -Lenders Act was a bar. The lower appellate court, however, while agreeing with the learned Munsif that the suit transaction was a genuine transaction for consideration, reversed the second finding of the trial court and accordingly decreed the Plaintiff's suit on finding that it was not a case of "loan" as defined ill Section 2 of the Orissa Money -Lenders Act, and as such, Section 8 of the said Act had no application.

(3.) THE Civil Revision, therefore, fails and is dismissed with costs.