DAYANIDHI MISRA Vs. RAMACHANDRA MISRA ALIAS CHANDRA

JUDGEMENT

(1.) This application has been referred to a Division Bench by a learned Single judge of this Court for an authoritative decision of the question as to whether the period during which the proceeding Under Section 18 -8 (inserted by the amending Act 54 of 1975) of the Orissa Money - Lenders Act, 1939 (for short, 'the Act'),was pending before the appropriate authority should be, excluded from the period of limitation for filing a suit for recovery of loan.

(2.) THE petitioner is a registered money -lender under the Act. On 11 -4 -1975 he had granted a loan of Ks. 800/ - to the opposite party under a handnote. On 12 -1 -1977 he filed an application before the Subdivisional Officer, Puri, for grant of a certificate Under Section 18 -B of the Act. According to the provisions of Section 18 -B, the State Government may by a notification require the money -lenders carrying on business in any local area to produce before the prescribed authority all records relating to their business including documents evidencing advance of loans with a view to determine if the transactions exceeded the amount for which the money -lender had obtained the registration certificate and then to pass an order declaring the particulars of the transactions that are within the amounts as specified in the said certificate The certificate in the above proceeding was granted to the petitioner by the Subdivisional Officer on 27 -11 -1978 declaring the transaction in question within the specified limit. On the very next day, i.e, 28 -11 -1978, the petitioner filed a suit in the Court of the Munsif, Puri, against the opposite parties for recovery of the loan.

(3.) ALTHOUGH the trial Court decided all the other issues in favour of the petitioner including the genuineness of the handnote, it dismissed the suit on the ground of limitation. The petitioner, having failed in the lower appellate Court also, has filed the present revision application.