ORDER :- The plaintiff brought a money suit for realisation of Rs. 286.75 paise from the defendant (petitioner) on the allegation that the defendant was doing contract business and the plaintiff advanced him a sum of Rs. 2,000/- by instalments on condition that the defendant would pay half the profit of the business together with the amount advanced in case of profit, but in case of loss the defendant would refund the amount advanced. The plaintiffs case was that ultimately this agreement failed and there was an accounting. On 7-8-64 there was an agreement that the defendant would pay a sum of Rs. 375/- and that he would pay a further sum of 2/3rd out of the security deposit with the Government after deduction of costs. The defendant did not pay up any amount in accordance with the agreement The defendant admitted the original agreement and advance of money by the plaintiff. He also accepted the position that after accounts were taken an agreement was executed on 7-8-64 fixing up the liability of the defendant as stated in the plaint. He however took the plea that he had paid up the entire amount and that the suit was hit by Section 8 of the Orissa Money Lenders Act and Section 69