RAM BABU Vs. JAIPUR PLYWOOD AND GLASS HOUSE

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 29-9-1980, passed by Additional District & Sessions Judge, No. 5 Jaipur City, Jaipur, in a civil suit No. 98/1978 whereby he decreed the suit of the plaintiff respondent.

(2.) At the very out set the learned counsel for the appellant submitted that in this case the plaintiff-respondent filed a money suit against the defendant- appellant for the recovery of a sum of Rs. 14,160/-. The defendant-appellant filed written statement and in that written statement he took an objection that the plaintiff-respondent is a money- lender and is not having a money lending licence as required under Section 11 of the Rajasthan Money Lenders Act.

(3.) The learned trial Court on the basis of pleadings, framed issued No. 5 but the onus of proving of this issue was kept on the defendant-appellant. Learned counsel for the appellant, therefore, submits that the learned trial Court erred in laying the burden of proving on the defendant-appellant for issue No. 5. In support of his submissions, learned counsel for the appellant placed reliance on the case of Hari Narain Tiwari v. Damodar Busar, 1987 2 RLR 59. In Hari Narain Tiwari's case this Court observed as under :-