LAWS(ORI)-1964-11-21

KAHNEI PANDA Vs. BISWAMBAR MALLIK AND ANR.

Decided On November 26, 1964
Kahnei Panda Appellant
V/S
Biswambar Mallik And Anr. Respondents

JUDGEMENT

(1.) THE point for consideration in this appeal is whether the Plaintiff 's suit for recovery of Rs. 1240/ - on a mortgage bond is not maintainable by reason of non -compliance with Rule 11 (iii) of the Orissa Money -Lenders Rules, 1939. Both the Courts below dismissed the Plaintiff 's suit as not maintainable.

(2.) THE Plaintiff 's claim in this suit is said to have arisen thus On August 3, 1956 Defendant No. 2 Brahmani Bewa on behalf of herself and as guardian of her minor son Defendant No. 1 Biswambar Malik executed a deed of mortgage for a sum of Rs. 1240/ -. The suit mortgage bond Ext. 1 is said to be a combination of certain previous mortgage deeds executed by Defendants as stated hereunder.

(3.) ON merits the Defendants took various points including inter alia that the Defendants had not received the full consideration as mentioned in the mortgage deeds and further that the repayments made by the Defendants from time to time had not been accounted for by the Plaintiff. That apart, the Defendants challenged the maintainability of the suit itself by reason of non -compliance of Rule 11 (iii) of the Orissa Money -Lenders Rules.