INDER CHAND Vs. MUKNA

JUDGEMENT

(1.) THE present Miscellaneous Appeal has been preferred against the Judgment and decree dated 31.9.1995 passed by the learned Civil Judge (Senior Division), Jaitaran where by he set aside the judgment and decree dated 26.2.1985 of learned Munsif and Judicial Magistrate, Jaitaran and directed to return the plaint for presentation before the Debt Relief Court established under the Rajasthan Relief of Agricultural Indebtness Act, 1957 hereinafter referred to as 'Act No. 28 of 1957.

(2.) BRIEF facts necessary for disposal of the present appeal are that the plaintiff -appellant filed a civil suit against the defendant -respondent in the Court of learned Munsif and Judicial Magistrate, Jaitaran on 20.12.1973 for recovery of Rs. 5,000/ -on the basis of so -called pronote and receipt alleged to have been executed by the defendant -respondent in his favour.

(3.) ON the basis of the pleadings of the parties, necessary issues were framed by the learned trial court. Thereafter, the defendant -respondent moved an application for amending his written statement to the effect that the plaintiff -appellants money lender and as he has not complied with the provisions of Section 22 and 23 of the Rajasthan Money -lenders Act, 1963 (hereinafter referred to as 'Act No. 1 of 1964'), therefore, the present suit is not maintainable by the Civil Court within the meaning of Section 47 of the said Act. Amendment in the written statement was allowed by the learned trial Court on 8.9.77 and two additional issues No.5 and 6 were framed about the effect of non -compliance of Section 22 and 23 of Act No. 1 of 1964 as well as about the jurisdiction of the Civil court.