CHINAI PRADHANA Vs. DHIRAMONI PRADHAN AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the judgment of the Small Causes Courts Judge, Balasore, dismissing the Petitioner -Plaintiff 's suit for recovery of a certain sum of money on the basis of a hand -note. The Plaintiff stated that he was not a professional money -lender but as Defendant No. 1 happened to be his Mahaprasad friend, he advanced him a loan of Rs. 200/ - to enable her to buy a piece of land adjacent to her own. The loan was said to have been taken by her for the benefit of her minor sons also (Defendants 2, 3 and 4). As the money was not repaid the suit was brought for recovery of the loan together with interest. The Defendant however denied the taking of the loan but the learned Small Causes Court Judge held that the money was taken as a loan and that it was for the benefit of the minor sons of Defendant No. 1 also (after due execution of the hand -note by Defendant No. 1) but he dismissed the suit mainly on the ground that he failed to comply with Rule 12 of the Orissa Money -lenders Rules.

(2.) TO appreciate this point it is necessary to refer to certain facts. During the cross -examination of the Plaintiff, on 21 -9 -1962 the following answers were elicited by the Defendant 's lawyer: