JUDGMENT - D.R. DHANUKA, :--This appeal is preferred by the original plaintiff against decree dated 28th August 1977 passed by the Court of the Joint Civil Judge, S.D. Solapur at Solapur in Special Civil Suit No. 80 of 1975. By the said decree, the trial Court dismissed the suit of the plaintiff with costs.

2. On or about 19th April, 1978, the plaintiff filed the above referred suit against the defendant seeking to recover from the defendants a sum of Rs. 10,000/- with further interest and cost of the suit. It was averred in the plaint that the defendants had executed a promissory note in favour of the plaintiffs being promissory note dated 19th April, 1972 for valuable consideration and defendants had failed to pay the amount due and payable on the said promissory note. With the leave of the Court, the plaintiff amended the plaint. By the said amendment, it was pleaded by the plaintiff that if the said promissory note was held to be non-admissible in evidence, the plaintiff was nevertheless entitled to recover the said amount from the defendants on the basis of the original consideration as the plaintiff had advanced the said amount to the defendants in cash on 19th April, 1972

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