RAJA GHANSHYAM SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for recovery of Rs. 9990/- on the basis of a promissory note dated 24. 10. 1952. Both the courts below have dismissed the plaintiff's suit on the ground that he has failed to prove the execution of the pronote.

(2.) IN this appeal the main contention of the learned counsel for the appellant is that the first appellate court wrongly refused leave to the plaintiff to amend his plaint which he had sought by his application dated 10. 7. 1957. The learned District Judge who heard the first appeal rejected the application on the ground that on that date the suit on the original cause of action had become barred by limitation.