M PERIYASAMY Vs. R JAYARAMAN

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the present Second Appeal as against the Judgment and Decree dated 03.03.1999 in A.S.No.268 of 1998 passed by the Learned District Judge, Nagapattinam, in reversing the Judgment and Decree dated 16.07.1998 in O.S.No.217 of 1997 passed by the Learned District Munsif, Thiruvarur.

(2.) The First Appellate Court viz., the Learned District Judge, Nagapattinam, while passing the Judgment in A.S.No.268 of 1998 on 03.03.1999 (in the Appeal filed by the Appellant/Defendant), has among other things observed that 'in Ex.A.1 Promissory Note, dated 21.07.1994, there has been a material alteration and based on the material alteration, the suit filed by the Plaintiff is not maintainabale and also that to recover the loan of the year 1982, a suit has been filed in the year 1997 and the same will be affected and as such, an alteration has been done in Ex.A.1 Promissory Note, dated 21.07.1994 and since Ex.A.1 Promissory Note, dated 21.07.1994 has been found to be a materially altered document, the Plaintiff is not entitled to obtain the relief as prayed for by him and resultantly, allowed the Appeal, thereby, setting aside the Judgment and Decree of the trial Court. Consequently, the First Appellate Court has dismissed the suit with costs.'

(3.) Before the trial Court, in the main suit, 1 to 5 Issues have been framed for adjudication. On the side of the Appellant/Plaintiff, witness PW1 has been examined and Ex.A.1 to Ex.A.4 have been marked. On the side of the Respondent/Defendant, witness DW1 has been examined and Ex.B.1 has been marked. Further, Ex.C.1 viz., the Appellant/Plaintiff's sample handwriting '2' and '4' has been marked. Likewise, the Respondent/Defendant's sample signature containing the recitals has been marked as Ex.C.2.