ORDER :- Plaintiff is the petitioner. He filed a suit for recovery of money. In the plaint he stated that on 1-4-1966 the defendant borrowed from him Rs. 2000. The defendant gave a chit stating that he had received Rs. 2000. In the evening it is alleged by the plaintiff that a promissory

note was executed by the defendant for Rs. 2000. On 27-3-1969 the plaintiff went to the house of the defendant and asked for the money or for an endorsement on the promissory note. It is stated that the defendant's son took the promissory note and tore it to pieces. In the plaint the relief that was sought for was for recovery of Rs. 2000 which had been received by the defendant on execution of the chit. In the column relating to the cause of action it is stated that the cause of action arose on the date when the defendant executed the chit for Rs. 2000 and in the evening when he executed a promissory note. In the amended plaint the plaintiff sought to introduce a relief based on the promissory note which the defendant's son tore on 27-3-1969.

2. It may be seen that in the original plaint itself all the facts have been stated to enable the plaintiff to seek his relief on the promissory note. In fact

Click Here to Read the rest of this document