RAJKISHORE SAHU Vs. KHITISH CHANDRA SAHU

JUDGEMENT

(1.) THE Defendant has preferred this appeal against the decision of the Subordinate Judge, Baripada in Money Suit No. 68 of 1970.

(2.) THE Plaintiff filed the suit for recovery of Rs. 6,8001/ - which is made up of Rs. 5,000/ - as capital and Rs. 1,800/ - towards interest by way of compensation.

(3.) THE Defendant in his written statement has, inter alia, pleaded that the suit is not maintainable as the Plaintiff as a regular money and paddy lender and he had not registered himself under the Orissa Money Lenders Act; the document, on which this suit for realisation of money is based, is under stamped and the suit purely based on such a hand note is liable to be dismissed. It is also alleged that no amount had been paid by the Plaintiff to the Defendant on the above mentioned document. It is also stated in the written statement that the Plaintiff, his elder brother and his nephew on several occasions had taken money from the Defendant for their joint family business amounting to Rs. 5,927/ -, and as the Defendant demanded that amount from the Plaintiff and the other above -named persons, the Plaintiff grew furious and instituted this false suit by bolstering up a frivolous claim. The Defendant has also prayed for dismissal of the suit on the ground of non -joinder of necessary parties.