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PUNJAB & HARYANA HIGH COURT
Surinder Singh, J.
Daljit Kumar
Versus
Popal Dass
Civil Revision No. 1527 of 1975,
Decided On : NOVEMBER 3, 1980
Money Lenders Act - Recovery of Debt - The court held that the respondent, being a money lender, had a statutory duty under Section 3 of the Punjab Registration of Money Lenders Act, 1938 to produce the certificate of registration, and the suit had to be dismissed as prescribed under Section 3 of the Act. The judgment and decree passed by the Court below against the petitioners were set aside.
Fact of the Case:
Popal Dass respondent filed a suit for the recovery of Rs. 570/- against the petitioners on the basis of a Pronote. The trial Court granted a decree for Rs. 500/- in favour of the respondent being the principal amount, but declined the claim for interest and costs in view of the fact that the respondent who was admittedly a money lender had not sent any accounts to the petitioners before filing the suit. The appellate Court affirmed the decree of the trial Court. The present Revision Petition has therefore, been filed by the petitioners to challenge the decree passed in the suit.
Finding of the Court:
The court found that the respondent, being a money lender, had a statutory duty under Section 3 of the Punjab Registration of Money Lenders Act, 1938 to produce the certificate of registration, and the suit had to be dismissed as prescribed under Section 3 of the Act. The judgment and decree passed by the Court below against the petitioners were set aside.
Issues: The main issue was the respondent's failure to produce the certificate of registration as a money lender, as required under Section 3 of the Punjab Registration of Money Lenders Act, 1938.
Ratio Decidendi: The court's decision was influenced by the mandatory provision of law under Section 3 of the Punjab Registration of Money Lenders Act, 1938, which required money lenders to produce the certificate of registration. The court also referred to the case of Kapur Singh V/s. Firm Bhagwan Das Sat Pal, (1971) 73 Punj LR 628 to support its decision.
Final Decision: The Revision Petition succeeded and the judgment and decree passed by the Court below against the petitioners were set aside. There shall, however, be no order as to costs.
1. Popal Dass respondent filed a suit for the recovery of Rs. 570/- against the petitioners on the basis of a Pronote. The trial Court granted a decree for Rs. 500/- in favour of the respondent being the principal amount, but declined the claim for interest and costs in view of the fact that the respondent who was admittedly a money lender had not sent any accounts to the petitioners before filing the suit. The appellate Court, i.e., the Additional District Judge, Sangrur, affirmed the decree of the trial Court. The present Revision Petition has therefore, been filed by the petitioners to challenge the decree passed in the suit.
2. The respondent has not chosen to appear in spite of service, nor is he represented by any counsel in fact, according to the report of the process-serving agency, he refused to accept the summons. He is, therefore, presumed to have been served. The Revision Petition has been heard ex parte.
3. The sole point which has been urged by the learned counsel for the petitioners is that the respondent having been admitted to be a money lender, he had a statutory duty under Section 3 of the Punjab Registration of Money Lenders Act, 1938 to produce the certificate of registration granted under the Act which he never did. A consequence of this default is that his suit has to be dismissed as prescribed under Section 3 of the Act. This mandatory provision of law appears to have been ignored by both the Courts below. If any authority is required on the point, the same is contained in Kapur Singh V/s. Firm Bhagwan Das Sat Pal, (1971) 73 Punj LR 628.
4. The result is that this Revision Petition succeeds and the judgment and decree passed by the Court below against the petitioners are set aside. There shall, however, be no order as to costs.
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