GOSWAMI GARIBANAND DAS Vs. MANU LAL

JUDGEMENT

(1.) This is an appeal by the plaintiff. He advanced a loan on foot of a handnote for a sum of Rs. 5,000/- to two of the defendants. It is admitted that the plaintiff was granted a license under the Bihar Money Lenders Act for carrying on money lending transaction to the tune of Rs. 4,999/-. The handnote was executed on 6-9-1949 and the suit was instituted on 4-9-1952.

(2.) The defence taken on behalf of the respondents is that the handnote was not genuine, nor did any consideration pass under it. It was pleaded further that the plaintiff was not a registered money lender and as such, he was not entitled to institute the suit for recovery of the amount covered by the handnote.

(3.) The learned Subordinate Judge, who tried the suit, passed a decree in favour of the plaintiff for the entire amount paid by him. On appeal to this Court, however, the learned Single Judge, against whose judgment this appeal has been preferred under the Letters Patent, allowed it, as, in his opinion, the plaintiff, having advanced a loan exceeding the maximum amount permissible to him to advance under the certificate granted to him under the Money Lenders Act, his entire suit was affected by the prohibition under section 4 of this Act and as such he was not entitled to a decree. This appeal is directed against that judgment