JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is at the behest of the defendant and directed against the judgment and decree dated December 17, 2025 passed in CS 162 of 2020.

2. By the impugned judgment and decree, learned Trial Judge, decreed the suit filed for recover of money lent and advanced.

3. Learned advocate appearing for the appellant submits that, the respondent is a money lender within the meaning of the Bengal Money Lenders Act, 1940. He submits that, the issue as to whether or not the respondent is a money lender within the meaning of the Act, 1940 was decided by the learned Trial Judge. He refers to the order dated November 16, 2023 passed in IA GA 1 of 2021 being application under Order XII Rule 6 of the Code of Civil Procedure as also, the order dated May 7, 2024 passed in the suit.

4. Learned advocate appearing for the appellant submits that in the application for judgment on admission, being IA GA 1 of 2021, learned Trial Judge noted the stand of the respondent in the affidavit in reply in such application that, the respondent applied for grant of license under the Act of 1940 and that, the same was yet to be received by the respondent. In view of such admission made by