KAPUR SINGH Vs. FIRM BHAGWAN DASS SAT PAL

JUDGEMENT

(1.) THIS revision has arisen in the following circumstances:

(2.) ON 15th June, 1967, a suit was filed by firm Bhagwan Dass Sat Pal of Bhatinda (hereinafter referred to as the Plaintiff -firm) against Kapur Singh for the recovery of Rs. 945 -00. Rs. 700/ - as principal and Rs. 245 as interest in respect of money borrowed on 17th June, 1964. Inter alia the objection taken in the written statement filed on 31st July, 1967, was that the Plaintiff -firm was a money -lender. Replication was filed by the Plaintiff -firm on 25th August, 1967, in which it was admitted, that the firm was a money -lender, and a certificate of registration under the Punjab Registration of money -lenders Act, 1938 (III of 1938), hereinafter referred to as the Act was filed, which was valid till 8th June, 1968. No specific issue was framed with regard to the question, whether the suit was liable to dismissal on the ground that the Plaintiff -firm was not duly registered or whether it held a valid licence, but under the issue of relief, the learned trial Court held as follows:

(3.) AFTER remand, evidence was recorded by the trial Court and a report sent.