MISHRI LAL Vs. MITHA SINGH

JUDGEMENT

(1.) This is plaintiffs second appeal against the-judgment and decree dated Feb. 21, 1979, of the Civil Judge, Udaipur, affirming the judgment and decree of the Munsif Magistrate, Bhim, dated Nov. 22, 1976, dismissing the plaintiffs suit for recovery of money.

(2.) The plaintiff was non suited by the Trial Court on the ground that when the loan was advanced by him to the defendant, he was not holding a valid licence of money lending. The plea of the plaintiff before the Trial Court was that he was not money lender. Both the learned courts have concurrently held that the plaintiff was a money lender. An application was, however, filed before the first Appellate Court by the plaintiff that he should be given an opportunity to produce a duly renewed money lenders licence. This application was dismissed on the ground of being highly belated. The positive plea of the plaintiff before the Trial Court was that he was not doing the business of money lending. No application for producing a money lenders licence was filed before the Trial Court. I do not find any error in the judgment of the Civil Judge in dismissing the appellants application for adducing additional evidence on the ground of the same being highly belated.

(3.) There is no merit in the appeal and the same is dismissed. No order as to costs of this appeal. Appeal dismissed.