NARAYAN CHOUDHURY Vs. KOKA DAS AND ANR.

JUDGEMENT

(1.) PLAINTIFF -opposite party No. 1 obtained a money decree against the Defendant Petitioner from the learned Subordinate Judge at Aska on the basis of a promissory note. Defendant preferred Money Appeal No. 94 of 1974 later renumbered as Money Appeal No. 11 of 1978 in the transferee Court. During the pendency of the appeal, the Appellant filed an application in the lower appellate Court for abatement of the appeal on the ground that there was no compliance with the provisions of Section 18 -B of the Orissa Money Lenders Act of 1939 (hereinafter referred to as the 'Act') and the learned appellate Judge having rejected the application; this revision has been filed.

(2.) MR . Rath for the Petitioner contends that Section 18 -B of the Act was inserted into the Act by Orissa Act 54 of 1975. Though the suit had already been disposed of and the appeal was pending, in view of the definition in Section 2(q) of the word 'suit' an appeal would also be a suit. Sub -section (8) of Section 18 -B of the Act provides: