NARAYANASAMI PADAYACHI Vs. ANBAZHAGAN

JUDGEMENT

(1.) THE Appellant (Legal Representative of the Plaintiff) has preferred the present Second Appeal as against the Judgment and Decree dated 20.01.1998 in A.S.No.218 of 1994 passed by the Learned District Judge, Cuddalore in affirming the Judgment and Decree dated 29.04.1994 made in O.S.No.95 of 1993 passed by the Learned Principal Sub Judge (I/c), Cuddalore.

(2.) THE First Appellate Court viz., the Learned District Judge, Cuddalore in A.S.No.218 of 1994 (filed by the father of the Appellant/Plaintiff) while passing the Judgment on 20.01.1998 has observed that & quot; in this case the year was found to have been altered from '1987 to 1989', to suit the convenience of the plaintiff. A loop was subsequently found connected to the top of the letter "7 & quot; so as to make it appear as. Thus, the year 1987 was altered as 1989 etc., and opined that the trial Court rightly dismissed the suit and resultantly dismissed the Appeal with costs.

(3.) THE trial Court, on an appreciation of the oral and documentary evidence available on record, has come to a categorical conclusion that the date of promissory note is a material portion of it and any alteration of such date will normally avoid the pronote and has come to the consequent conclusion that the suit pronote has been materially altered viz., the year 1987 has been altered into 1989 and further held that the suit is clearly barred by time and dismissed the suit with costs.