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1962 Supreme(Ker) 185

T.K.JOSEPH
Kuttikrishnan Nair – Appellant
Versus
Ittichappa Panicker – Respondent


Judgment :-

1. The plaintiff's application for amendment of the plaint was refused by the trial court and he has preferred this Civil Revision Petition from the order.

2. The suit was one for recovery of the money on the basis of two promissory notes. The amendment sought was to convert the suit into one on the original consideration. The application for amendment was made on 20-6-1059 when a suit for recovery of the loan would have been barred, in the absence of acknowledgment of the debt. It is not possible to say at this stage whether there are such acknowledgments. The application was dismissed mainly on the ground that such amendments can be allowed only where the promissory note is executed for an antecedent debt or collateral security for a loan or by way of conditional payment or if the note does not embody all the terms of the contract and that the promissory notes sued on do not fall within these categories. This view is based on a decision of the Madras High Court, Perumal v. Kamakshi (AIR. 1938 Mad. 785-FB). That was a case of revision from the decree in a small cause suit. The promissory note sued on was unstamped but the trial court nevertheless gave a decree on the or













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