Correction of Tamil year in the pronote does not amount material alteration.

The plaintiff in O.S.No. 148 of 1986 on the file of District Munsif Court, Uthamapalayam had preferred this Second Appeal, since a decree passed in his favour in the trial court was reversed in the first appellate Court.

2. The brief facts of the case are as follows

The defendant, on borrowing a sum of Rs.5,000/- from the plaintiff had executed a Pronote on 6.4.1983 for the said sum, agreeing to repay the same on demand with interest and the said pronote was shown to have been attested by Rajendran, As no amount was paid despite reminders, the suit was filed for recovery of the sum due on pronote.

3.The defendant filed his written statement, wherein it was contended as follows:

The alleged execution of the pronote is specifically denied. It is not supported with any consideration. The defendant was employed under one Gopal of Paraithodu in Kerala District, who had an estate. Since there were union activities against the employer, there was some misunderstanding between the latter and the defendant and so, the blank pronote forms containing the signature of the defendant available in the hands of Gopal were handed over to the plaintiff, who is the present employee of Gopal and thus, the suit was foisted against the defendant.

4.On the above pleadings, the following issues were framed by the trial Court:

1. Whether the plaintiff is entitled for the suit amount?

2. Whether the suit pronote was executed by the defendant?

3. Whether there was any consideration for the suit pronote?

4. Whether the defendant had signed the blank pronote forms?

5. Whether the blank pronote form containing the signature of the defendant was fabricated into suit pronote?

5. The plaintiff besides examining himself as P.W.2, had examined one Ramkumar, the Accountant of Mercantile Bank as P.W.1 and marked Exs.A.1 to A.3. The defendant, besides examining himself as D.W.1, had examined the attestor to the suit pronote as D.W.2 and marked Exs.B.1 to B.3.

6. On consideration of both oral and documentary evidence, the trial Court has decreed the suit, which in the first Appellate Court was reversed dismissing the suit and so, the plaintiff has preferred this appeal.

7. During the course of admission, the following substantial questions of law were framed:

1. Whether the lower appellate Court is correct in holding that the correction carried out in doucment marked as Ex.A.2 correcting the Tamil month and year to corroborate the English Calendar date will amount to material alteration?

2. Whether the lower appellate Court is correct in reversing the well considered judgment of trial Court merely on the ground of material alteration in Ex.A.2, particularly when the execution and the consideration passed thereon were admitted and proved?

3. Whether the lower appellate Court is correct in holding that no amount of evidence can be looked into without pleadings in plaint, particularly when the plaint was filed with specific pleadings and the same were proved by oral and documentary evidence. All the evidence cannot be put in pleadings?

4. Whether the lower appellate Court is right in holding that the evidence of D.W.2 is acceptable in respect of attestation made in A2, particularly when there is contradiction in D.W.2's evidence in respect of the same?

8. Ex.A.2 is the suit pronote dated 6.4.83 purported to have been executed by the defendant in favour of the plaintiff on the said day for a sum of Rs.5,000/-, agreeing to repay on demand the sum due thereon. The said pronote was shown to have been attested by Rajendran and he was examined as D.W.2. The signature of defendant found in Ex.A.2 was marked as Ex.A.1 and such signature was admitted. For passing of consideration also, the plaintiff had examined one Ramkumar as P.W.1, who happened to be the accountant in the Mercantile Bank, from where the defendant had drawn a sum of Rs.5,000/- from the account of the plaintiff, through X.1 Challan.

9. What the defendant examined as D.W.1 would contend is that while he was working