KRIPAL RAI Vs. RAM LAKHAN RAI

JUDGEMENT

(1.) This is an application by the plaintiff. The plaintiff filed a suit for recovery of money amounting to Rs.1761/- which also included interest. A sum of Rs.1295/- was advanced by the plaintiff to the defendant on a hand-note executed on 20-8-1972. The plaintiff instituted the suit on 19-8-1975. The defendant-respondent did not appear to contest the suit in spite of notice. The suit was ultimately heard ex parte by the 4th Additional Munsif, Sasaram on 15-12-1978. It was found that the suit was hit by section 7(5) of the Bihar Money-Lenders Act, 1974 (hereinafter referred to as the Act of 1974). The plaintiff thereupon filed an appeal and the appeal has also been dismissed by the 3rd Additional District Judge, Sasaram. The learned Additional District Judge has also found that the plaintiffs suit is hit by section 7(5) of the Act. The present revision application has been filed against the two judgments.

(2.) Mr. Kapildeo Singh learned counsel appearing on behalf of the petitioner has submitted that the suit is not hit by the provisions of section 7(5) of the Act inasmuch as the said provision cannot be applied retrospectively. In support of his argument learned counsel has relied upon the following decisions of this Court in Raj Narain Prasad San v. Surya Prasad Sharma, 1976 BBCJ(HC) 338, Ram Sundar Mandal v. Chaman Mandai, 1980 BBCJ (HC) 585 and Bishwa Nath Jha v. Chandreshwar Jha, 1983 BBCJ (HC) 388.

(3.) The Bihar Money-Lenders Act, 1974 came into force on 20-3-1975. The loan in the present case had been advanced on 20-8-1972. The suit was instituted on 19-8-1975, obviously after coming into force of the Bihar Money-Lenders Act, 1974. Section 7(5) of the Act enjoins upon a money-lender to file a copy of the relevant extracts from his register of account relating to the said loan if he filed a suit for recovery of the money advanced by him. It reads as follows :