Sinha, J.

1. This application in revision has been made by the plaintiff whose suit for recovery of a certain sum of money on a hand-note has been dismissed. This application was at first placed before his Lordship the Chief Justice, but has been referred to a Division Bench by him.

2. The plaintiff is a registered money-lender. On 10-1-1948, the pro forma defendant, namely, Amir Chand Khan Wall Mohammad Khan Wazir Mohammad Khan Gul Mohammad Khan, a registered firm of money-lenders, advanced a sum of Rs. 230.00 to the defendant, namely, Hari-das Banerjee, at the rate of Rs. 107- per cent, per month on the basis of the handnote in question. On 15-12-1950 the pro forma defendant endorsed the promissory note, the handnote in question, in favour of the plaintiff and delivered the same to him. The plaintiff brought the present suit for recovery of Rs. 313, principal, plus interest at 12 per cent, per annum. The defendant pleaded the bar of Sec. 4, Bihar Money-Lenders (Regulation of Transactions) Act, 1939. It has been alleged by the defendant that the pro forma defendant was not registered under the Bihar Money-Lenders Act at the time the loan was advanced and, therefore, the su