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2017 Supreme(Del) 1734

VALMIKI J.MEHTA
RAJAT JAIN – Appellant
Versus
NEETA GUPTA – Respondent


Advocates Appeared:
For the Appellants :Mr. Mansimran Singh, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

1. These Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) arise from identical judgments passed by the courts below and therefore are being disposed of in terms of this common judgment.

2. The only issue to be decided in these appeals is as to whether the suit for recovery of money filed by the respondent/plaintiff is barred because of Section 3 of the Punjab Registration of Money Lender’s Act, 1938 (here-in-after referred to as “the Act”). As per the said Section 3 of the Act if the respondent/plaintiff has given a loan as his business of giving the loans then recovery of the loan given is prohibited by the Act unless the person who does money lending business is registered under the Act. The first appellate court as per paras 7 to 11 of its impugned judgment has thoroughly, exhaustively and lucidly decided the issue against the appellant/defendant and held that the suit for recovery of money filed by the respondent/plaintiff on account of giving loan to the appellant/defendant is not barred, and these paras 7 to 11 read as under:-

“7. I heard learned Counsels for the parties at great length and have given my considere















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