CHITARANJAN MISRA Vs. BANAMALI MISRA

JUDGEMENT

(1.) THIS revision arises out of the order of Munsif, Puri, refusing to exercise the inherent power to recall the order of abatement of O. S. No. 153 of 1975 -III.

(2.) LATE Bhimasen Misra, a registered money -lender, advanced a sum of Rs. 650/ - to Banamali Misra, defendant No. 1. Defendant No. 1 executed a promissory note in respect of the loan advanced to him. Bhimasen expired before realisation of the loan. Legal representatives of Bhimasen filed O. S. No. 153 of 1975 -III in the Court of Munsif, Puri, for realisation of the amount.

(3.) SUB -section (1) requires a money -lender to produce all records relating to his business including documents evidencing advance of loans before the authority specified by the State Government by notification. The authority so specified is to scrutinise the documents and pass an order declaring the particulars of the transactions that are within the amount specified in the registration certificates as is provided for in Sub -section (2). Sub -section (7) provides that such order is final subject to appeal and shall not be called in question in any Court. Sub -section (8) provides that no Court shall entertain any claim unless the particulars thereof are contained in the order passed by the specified authority. In regard to pending suits it has been provided that the suit in respect of a loan would abate if the particulars of the claim are not contained in the . order. For continuance of the suit, it was obligatory for the plaintiffs to obtain the order for the specified authority.