RANCHOREDASS Vs. MALOOKCHAND

JUDGEMENT

(1.) THIS revision is preferred by defendant -petitioner Ranchoredass against the judgment and decree, dated February 5, 1977 of learned Civil Judge, Barmer.

(2.) THE necessary facts may thus briefly be stated. That the non -petitioner -plaintiff filed a suit for recovery of Rs. 1400/ - in the court of Munsif, Balotra with the allegations that the defendant -petitioner took a loan of Rs. 1000/ - from him on 11 -9 -71 and executed a pronote for the same. The suit was filed on 24 -9 -74 and the defendant -petitioner took an objection that no decree could be passed against him in view of breach of Sections 22 and 23 of the Rajasthan Money Lenders Act, 1963 (hereinafter referred to as the 'Act'). In view of the amended Section 26 of the Act, the trial court held that the suit has to be dismissed, because the non -petitioner -plaintiff failed to comply with the provision of Sections 22 and 23 of the Act and consequently, dismissed the suit on 29 -6 -76. The case was taken up in appeal and the learned first appellate court was of the view that the amended Section 26 of the Act did not apply to the suits, which have been filed before it was amended.

(3.) IT appears that Section 26 of the Act was amended by the Rajasthan Money Lenders (Amendment) Act, 1976 on 13 -2 -76 and before, this section stood amended in identical terms by the Rajasthan Money Lenders (Amendment) Ordinance, 1975. Amongst others, Sections 11 and 26 were amended. At this stage, I shall read the amended and un -amended those sections of the Act before amendment. Section 11 of the Act was to the following effect: