CHELLA BALAYYA Vs. KANUPARTHI SUBBAYYA

JUDGEMENT

(1.) The suit promissory note purports to be executed by defendant-appellant in virtue of the words on it "Nishi, mark of Chella Subbayya."

(2.) There is in fact no separate mark. The plaintiff contends that the absence of one is immaterial and that he is at liberty to prove that the words referred to were written with defendant s authority and, therefore, constituted a valid execution of the instrument.

(3.) As regards the 1st point, we cannot see and have not been shown authority for holding that any separate mark is essential, if the writing relied on is in fact written with authority.