Vinod K.Sharma, J.

1. This application under Section 151 of the Code of Civil Procedure has been moved seeking permission for placing on record the copies of Annexures P-1 to P-8. For the reasons stated in the application, the CM. is allowed. The applicant-petitioner is granted permission to place on record the copies of Annexures P-l to P-8. C.M. No.5549-CIl of 2009 This application under Section 151 of the Code of Civil Procedure has been moved seeking exemption from filing the certified/original copies of Annexures P-l to P-8. For the reasons stated in the application, the CM. is allowed. The applicant-petitioner is exempted from filing the certified/original copies of Annexures P-l to P-8. C.M. No.5772-CII of 2009 This application under Section 151 of the Code of Civil Procedure has been moved seeking exemption from filing the certified copy of Annexures P-9. For the reasons stated in the application, the CM. is allowed. The applicant-petitioner is exempted from filing the certified copy of Annexures P-9. C.R. No.1227 of 2009 & C.M. No.5550-CII of 2009

2. This re vision petition is directed against the order dated 20.1.2009, passed by the learned Executing Court vide which application moved by the petitioner under Section 3 of the Punjab Registration of Money Lenders Act, 1938, stands dismissed.

3. The respondent/decree-holder had filed a suit for recovery against the petitioner herein, for recovery of amount advanced to him by way of loan along with interest.

4. The suit was decreed.

5. The respondent/decree-holder filed an execution-application, wherein the petitioner moved an application under Section 3 of the Punjab Registration of Money Lenders Act, 1938 for dismissal of the execution application for want of money Lenders licence. Section 3 of the Punjab Registration of Money Lenders Act, 1938, reads as under:-

"3. Suits and applications by money-lenders barred, unless money-lender is registered and licensed.- Notwithstanding anything contained in any other enactment for the time being in force, a suit by a moneylender for the recovery of a loan, or an application by a money-lender for the execution of a decree relating to a loan, shall, after the commencement of this Act, be dismissed, unless the money lender - (a) at the time of the institution of the suit or presentation of the application for execution: or

(b) at the time of decreeing the suit or deciding the application for execution - (i) is registered; and

(ii) holds a valid licence, in such form and manner as may be prescribed; or

(iii) holds a certificate from a Commissioner granted under section 11, specifying the loan in respect of which the suit is instituted, or the decree in respect of which the application for execution is presented; or

(iv) if he is not already a registered and licensed money-lender satisfied the Court that he has applied to the Collector to be registered and licensed and that such application is pending; provided that in such a case, the suit or application shall not be finally disposed or until the application of the money-lender for registration and grant of licence pending before the Collector is finally disposed of."

6. The contention of the learned counsel for the petitioner, therefore, is that at the time of presentation of application for execution it was incumbent upon the decree- holder to have produced the money lenders licence, and in absence thereof the decree could not be executed.

7. In support of the claim, the petitioner also cited certain instances wherein the decree-holder had advanced loan to some other persons on promisory note.

8. The application was contested, wherein a stand was taken by the respondent / decree-holder, that he was not doing the business of money lending and that the loan advanced was friendly loan.

9. The learned executing Court held, that the plea of petitioner that the decree-holder was money lender, was rejected by the District Judge in appeal filed by the petitioner against the judgm