FAROOQ HASAN, J.—This second appeal is directed against the judgment & decree dated 14.12.79 passed by District Judge, Tonk (first appellate court) affirming the judgment & decree dated 30.8.70 passed by the Civil Judge Tonk (trial court) in a suit for recovery of Rs. 5,000/-.

2. Brief facts giving rise to this appeal are that the plaintiff appellants filed a suit for recovery of Rs. 5000/- against the defendant, with Rs. 3,500/- on 16.2.73 on interest at Rs. 1/- per cent per month from plaintiff No 2, partner of the firm-plaintiff a pro-note and receipt for the same is also alleged to have been executed by the defendant Besides this, the defendant borrowed a sum of Rs. 3500/- on the basis of another pro-note & receipt from the plaintiff firm on 8.8.74.

3. The defendant in his written statement admitted to have borrowed the money but the amount of loan was shown different by the defendant. The defendant further pleaded that the plaintiff appellants are money lenders within the definition of Section 2(10) of the Rajasthan Money Lenders Act, 1963 (for brevity, the Act, 1963), and that, the plaintiffs are not having any licence and since they have also not complied with the provisions c

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