GOPIRAM AGARWAL & ORS Vs. RAMESH CHANDRA MISHRA

JUDGEMENT

(1.) Dismissal of suit for realisation of loan on finding that suit is not maintainable as a preliminary issue is grievance of plaintiffs in this appeal.

(2.) Father of plaintiff was a money lender registered under the Orissa Money Lenders Act, 1939 (hereinafter referred to as the Act).

(3.) Plaintiffs are his three sons. Defendant No. 2 was his widow and Defendant No. 3 is his daughter. Case of plaintiffs is that on 18-1-1968, their father advanced a loan of Rs. 14,000/- to defendant No. 1 who executed a mortgage deed that day. Father of plaintiffs expired on 16-9-1968 leaving behind plaintiffs and defendant Nos. 2 and 3 as only heirs and legal representatives who were entitled to the loan amount with interest Suit has been filed for realisation of the loan amount with interest after obtaining order of the Sub divisional Officer.