PRAYAGWATI Vs. KALYAN PRASAD

JUDGEMENT

(1.) SMT. Prayagwati filed a suit for recovery of Rs. 34,000/- on the basis of pronote for Rs. 20,000/- executed by Kalyan Prasad and Mohan Lal. When the amount was not paid, she filed a suit for recovery of the amount and in the suit pleaded that she was not a money lender. In the written statement, the defendants took the objection that the plaintiff was a money lender and that she did not possess a money lender's license and thus was not entitled to file the suit. In my event it was further pleaded that she had not complied with the provisions of Sections 22 and 23 of the Rajasthan Money Lenders Act, 1963 (for short 'the Act' ). A composite issue No. l was framed by the trial court in this behalf and burden of proof was fixed on the defendants.

(2.) LATER on, the defendants filed an application for fixing the burden of proof on the plaintiff. The application was allowed by the impugned order dated 6th of July, 1994 and the burden of proof was fixed on the plaintiff. This is plaintiffs revision.

(3.) THE learned counsel for the respondents relied on a decision of this Court in Hari Narain Tiwari vs. Damodar Busar (1) for the proposition that burden of the first part should also have been on the plaintiff.