276 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Particulars of license to be given in the plaint
- (1) Every plaint by a money-lender shall contain the particulars of the license held by him at the time when the transaction in the suit was entered into;
(2) If a money-lender without lawful excuse fails to comply with the provisions of sub-section (i) of this section the court shall order him to pay to the defendant the cost of the suit.
Interrogatories to be delivered to money-lender
- (1) In any suit or proceedings for accounts or for the recovery of money lent or advanced if the person lending or advancing the money denies that he is a money-lender the court shall deliver to such person interrogatories for the purpose of ascertaining (a) whether he either alone or in conjunction with or in the name or through the agency of any other person or persons or corporation, made any and if so what loan or loans or advances within a reasonable time before and after the date of the transaction in suit or proceedings and if so,
(b) whether he or any and if so on what occasion or occasions, lent or advanced money under any name other than his own name and;
(c) whether he has been registered as a money-lender under his own or any other or what name as a money-lender and if so when.
(2) The provisions of Order 11 of the Code of Civil Procedure, 1908 shall apply to such interrogatories.
Power of Court to re-open certain transactions
- Where in any suit or proceedings instituted after or pending at the time when this Act comes into force the transaction discloses that–
(a) the interest is excessive, or
(b) the transaction is as between the parties therein, unconscionable,