AWANTIKA Vs. YOGENDRA KUMAR JAIN

JUDGEMENT

(1.) This appeal has been preferred by the defendant-appellant against the judgment and decree dated 29.03.1996 passed by the Additional District Judge No. 2, Jaipur City, Jaipur in Civil Suit No. 593/1995, whereby the learned trial Court has decreed the suit of plaintiff-respondent against the defendant-appellant for recovery of Rs. 14,200/- with cost and interest @ Rs.1.20 per hundred per month.

(2.) Skeletal Material facts necessary for disposal of this appeal are that plaintiff-respondent filed a civil suit for recovery of Rs. 14,200/- against the defendant-appellant in the Court of District judge, Jaipur City, Jaipur which was later on transferred to the Court of Additional District Judge No. 2, Jaipur City, Jaipur. The plaintiff-respondent averred in the plaint that the defendantappellant took a loan of Rs. 10,000/- from him on interest @ Rs.1.20 paise per hundred per month and executed a receipt. When the defendant did not pay the amount despite demand, the plaintiff sent a notice through his advocate to the defendant which was served upon him but he did not pay the amount and sent reply with wrong facts, thus cause of action arose. The plaintiff is entitled to receive Rs. 10,000/- alongwith interest Rs. 4,200/- totalling to Rs. 14,200/- from the defendant and prayed to decree the suit alongwith cost and interest.

(3.) The defendant denied the plaint allegations and pleaded that he never took any loan from the plaintiff and did not execute any receipt. In additional pleas, the defendant also pleaded that the plaintiff is doing the business of money lending without licence, thus the suit is liable to be dismissed. It is also pleaded that the plaintiff was doing the business of money lending through broker Gopal Kothari, who used to obtain advance receipt from the defendant but he never gave money to him against the receipt issued by him in favour of the plaintiff. Gopal Kothari is a necessary party thus, the suit suffers from misjoinder of parties and prayed to dismiss the suit with cost.