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1965 Supreme(AP) 209

GOPALRAO EKBOLE, S.VENKATARAMAN
ALLAMPATI SUBBA REDDY ALIAS SUBBARAMI REDDY – Appellant
Versus
NEELAPAREDDI AMANA REDDY – Respondent


( 1 ) THIS Revision Petition arises out of a suit S. C. S. 143/62 instituted by the petitioner-plamtiif for the recevery of a sum of Rs. 1,864 on the foot of a promissory note dated 29-7-1959. 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 contented by the defendant that in order to bring the suit within limitation, the plaintiff after erasing the figure 2 has re- written the figure 9 the lower Court after proper enquiry found that there has 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 tiled on 30th July, 1959, 29th being a holiday. 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 22nd July, 1959 and not on 29th July 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 ought to havo been drawn
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