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1975 Supreme(Mad) 617

M.M.ISMAIL
Lakshmi Ammal – Appellant
Versus
Rakkayi Ammal and others – Respondent


Advocates:
S. Ramasubramaniam, for King and Patridge, for Appellant.
V. T. Gopalan and Mrs. Radha Gopalan, for Respondents.

Judgment.-The plaintiff in O.S. No. 685 of 1967 on the file of the Court of the District Munsif of Madurai Town, who lost before the Courts below is the appellant herein. The suit was instituted for recovery of the amount said to be due under a promissory note dated 15th May, 1959 marked as Exhibit A-4, said to have been executed by the respondent herein in favour of the deceased Parthasarathi Iyengar for a sum of Rs. 1,500. It was the case of the appellant herself that no cash was paid on the date of Exhibit A-4; that prior to Exhibit A-4 the respondent had borrowed a sum of Rs. 500 under a promissory note dated 1st August, 1956 marked as Exhibit A-1, another sum of Rs. 500 under a promissory note dated 1st December, 1956 marked as Exhibit A-2 and a third sum of Rs. 500 under another promissory note dated 31st May, 1957 marked as Exhibit A-3; and that consolidating all the three amounts only, the suit promissory note Exhibit A-4 was executed in lieu of the said three promissory notes. One of the contentions raised by the respondent was that the promissory note Exhibit A-4 wasinsufficiently stamped and therefore it could not be sued upon. Thereafter the appellant sought to recover











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