RAM CHANDRA Vs. PRABHU LAL

JUDGEMENT

(1.) THIS is a second appeal in a civil suit which has been dismissed by both the courts below on the precise ground of non -compliance of the Rajasthan Money Lenders Act, 1968.

(2.) MR . Rastogi, learned counsel for the appellant has submitted that Section 26(b) of the Money Lenders Act as amended in 1976 cannot be applied to the case, which was already pending. According to him, this will be giving retrospective operation which cannot be given, because it would result in divesting him of the vested rights in a decree in a civil suit. Mr. Rastogi's contention is that the rights of the parties should be decided in accordance with law on the date of filing of the civil suit and not according to law which comes into force later on. This point has precisely been considered by this court in Kanhiyalal v. Srilal (1980 Raj LW 301), in which the learned Judge of this Court observed as under : - -

(3.) WHILE doing so in Ranchordas's case, the learned Judge extracted the statement of objects and reasons of the amendment. Reliance was placed on another judgment of this Court in Kishan Pyari v. Smt. Shanti Devi, (1077 Raj LW 77): (AIR 1978 Raj 9) in Ranchordas's case. The learned Judge was of the view that the law is well settled and it is not necessary to quote any authority on this point.