JUDGMENT :

Narasimham, C.J. - This is an appeal from the judgment of the Additional Subordinate Judge of Berhampur dismissing the Plaintiff's suit for recovery of a sum of Rs. 5440/- with interest and costs from the Defendant. The Defendant executed a promissory note in favour of the Plaintiff on 29-9-1953 (Ext. A) and received Rs. 1000/- in cash and Rs. 3000/- by cheque promising to pay back the money with interest on demand. The Defendant, while admitting the execution of the promissory note and the receipt of money stated that he did not execute it in his personal capacity but as the Managing Director of a firm known as the Sugar Distillery and Timber Mills Limited. Hence he urged that the firm alone was liable for the repayment of the loan. This plea was negatived by the lower court who held on a construction of letters Exts. 1, 2 and 3 that the Defendant was personally liable to pay the money. But he dismissed the suit mainly on the ground that on the date on which the loan was advanced the Plaintiff was not a registered money-lender and that consequently Section 8 of the Orissa One-lenders Act operated as a complete bar to the recovery of the loan. This is the sole point for c