HARI NARAIN TIWARI Vs. DAMODAR BUSAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 23. 11. 82 passed by the learned Additional Civil Judge, Jaipur District, Jaipur in civil suit No. 43/77, whereby the application filed by the petitioner under Order 14 Rule 5 C. P. C. was dismissed.

(2.) THE plaintiff-non-petitioner filed a money suit for recovery of Rs. 800/- alongwith interest. THE defendant. petitioner, interalia raised a preliminary objection that the plaintiff non-petitioner is doing business of money lending and is a money lender within the meaning of Money Lenders Act. It is further objected that since the plaintiff does not possess any valid licence at the time of alleged transaction, as such the plaintiff was not entitled to file the suit. Issue No. 6 was framed, which reads as under:- "whether the plaintiff is a money lender and does business of money lending. "? THE burden of this issue was cast on the defendant. THE petitioner defendant filed an application praying that the onus of proof of the above issue should be changed and placed on the plaintiff and not on the defendant. THE trial court after hearing both the parties dismissed the said application on 23. 11. 82.