CHANDMAL SHAH Vs. KANHAIYA LAL

JUDGEMENT

(1.) By this order, I propose to dispose of the application filed by the appellant under Order 6 Rule 17 C.P.C. on 4-7-96 seeking amendment in the written statement.

(2.) The respondent-plaintiff filed a suit for recovery of Rs. 97,507/- from the appellant-defendant on the basis of three promotes and receipts allegedly executed by the appellant-defendant in favour of the plaintiff-respondent after taking loans. The appellant-defendant issued three cheques but on presentation they were dis-honoured. The appellant-defendant resisted the suit but the learned District Judge decreed the same by his judgment dated 23-3-96. Aggrieved by the above judgment and decree, the appellant-defendant has filed this appeal.

(3.) By moving this amendment application, the appellant-defendant seeks leave of the Court to amend the written statement and take the plea that the plaintiff-respondent was a money-lender at the relevant time and even if the loans were advanced to the appellant-defendant, the same cannot be recovered because the respondent-plaintiff had not obtained license for money lending under the Rajasthan Money Lenders Act, 1963. The suit filed by the plaintiff was, therefore, not maintainable. In para 12 of the application, the appellant has incorporated the proposed amendment which he wants to incorporate in his written statement.