ALLAMPATI SUBBA REDDY Vs. NEELAPAREDDI RAMANAREDDI

JUDGEMENT

(1.) This revision petition arises out of a suit S.G.S. 145/62 instituted by the petitioner-plaintiff for the recovery of a sum of Rs. 1,864 on the foot of a promissory note, dated 29-74959. The principal defence with which I am concerned in this revision petition was that the promissory note was not executed on 29-7-1959, but it was executed on 22-7-1959, It was contended by the defendant that in order to bring the suit within limitation the plaintiff after erasing the figure 2 has rewritten the figure 9.

(2.) The lower Court after proper enquiry found that there lias been a material alteration in the promissory note and that the date was changed from 22nd to 29th in order to bring the suit within limitation. The suit was filed on 30th July 3959, 29th being a holiday.

(3.) The main contention of Mr. A. Kuppuswamy, the learned Counsel for the petitioner, is that when the defendant even before inspecting the suit document took a stand that the promissory note was really executed on 22/07/1959 and not on 29/07/1959 and when in support of that contention he stated in his deposition that he has a diary with him, which was not produced, adverse inference oughty to have been drawn against him and it ought to have been held that the suit promissory note was not materially altered and that it was really executed on 29/07/1959.