| Citation(s) |
|---|
| 1993 SLG 1110 1993 SLD 1110 1993 PLD 55 |
Lahore High Court
R.F.A. No. 40 of 1992, decided.on 22nd September, 1992
MALIK MUHAMMAD QAYYUM, J
Sh. Khalil-ur-Rehman for Appellant
R.F.A. No. 40 of 1992, decided.on 22nd September, 1992
MALIK MUHAMMAD QAYYUM, J
Sh. Khalil-ur-Rehman for Appellant
NAIK MUHAMMAD KHAN---Appellant
VS
BARKAT ULLAH---Respondent
Law:
Section:
West Pakistan Money-Lenders' Ordinance (XXIV of 1960) - ---- Ss. 2(i), 3 & 10 ... Suit for recovery of money dismissed --- Validity--- Plaintiff being a money-lender did not hold "effective licence" at the time of institution of suit --- Plaintiff's plea of pendency of application for renewal of licence, could not negate clear. legislative mandate that suit would be dismissed if no subsisting licence was held by money-lender at the time of institution of suit-- Plaintiff's suit was, thus, rightly dismissed by Trial Court. ORDER The summoned record has been perused with the assistance of the learned counsel for the appellant. 2. This appeal arises out of a suit for recovery of Rs.24,600 riled by the appellant against the respondent on the basis of a promissory note under Order XXXVII of the C.P.C. The suit was dismissed by the learned trial Court in view of section 10 of 'the Punjab Money-Lenders' Ordinance, 1960, which provides that a suit riled by a money-lender for recovery of loan shall be dismissed unless he holds an effective licence granted under section 3 of the Ordinance at the time of the institution of the suit. 3. Learned counsel for the appellant concedes that the appellant is a money-lender. It is, however, argued that as, at that time an application for renewal of the licence of the appellant was pending before the Collector, the trial Court acted illegally in dismissing the suit. 4. 1 regret my inability to agree with the learned counsel. Section 10 of the Ordinance provides in emphatic terms that a suit filed by a money-lender shall be dismissed unless he holds at the time of filing of the suit an effective…
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