MISRIMAL Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS is a revision application by the plaintiffs in a suit for recovery of money on the basis of a promissory note which was dismissed by both the courts below on the ground that there is a material alteration in the document inasmuch as the Hindi date was changed from 2 to 13 and the English date from 1 to 11,

(2.) THE case of the plaintiff is that the promissory note was executed on 11. 12. 55 corresponding to Migsar Badi 13, Smt. 2012. THE present suit was instituted on 9. 12. 58. THE suit was contested by the defendant who denied both the execution as well as the consideration. In the alternative he pleaded that there was a material alteration in the English as well as the Hindi dates and that the rate of interest was excessive. THE plaintiff examined himself and also examined an attesting witness Ranjitmal. THE defendant neither appeared in the witness box himself nor produced any other witness to support his case. Both the courts held that the Hindi date was altered from 2 to 13 and the English date was altered from 1 to 11 to bring the suit within limitation. THE suit was instituted on 9. 12. 58.