ANUPLAL BISWAS Vs. DAVANATH JHA

JUDGEMENT

(1.) In both these cases the petitioner is the plaintiff of two money suits which were heard analogously and disposed of by a common judgment by the Second Additional Subordinate Judge of Purnea, dated the 23rd July, 1904. One of the suits was Money Suit No. 54 of 1962 for recovery of a sum of Rs. 6250/-from the opposite party defendant on the basis of a handnole for Rs. 500/- and the other was Money Suit No. 30 of 1963 for recovery of Rs. 1,100/- from the defendant on the basis of another handnole for Rs. 885. In the order portion of his judgment, the learned Additional Subordinate Judge made the following direction:

(2.) Against the decrees in the two suits, the defendant had preferred appeals before the District Judge namely. Money Appeals Nos ,11 and 33 of 1964.

(3.) On 28-7-1964 the defendant opposite party filed an application in the trial court praying that necessary steps be taken for the punishment of the plaintiff decree-holder under Sections 19 and 20 of the Bihar Money-lenders Act (Bihar Act III of 1938), In support of this application it was mentioned in paragraph 2 of the petition that the plaintiff, who is a registered money lender, wilfully contravened the provisions of Clause (a) of Sub-section (1) of section 7 of the Act which is evident from, and, has been satisfactorily proved by his own evidence in the money suits to the effect that he does not keep any account of the loans advanced to different persons.