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1993 Supreme(Mad) 141

ABDUL HADI
Kandasami Mudaliar – Appellant
Versus
Muthukrishna Moorthy and another – Respondent


Advocates:
C.N.G.Ezhil Arasi, for Appellant. T.P.Manoharan, for Respondent No.1.

Judgment :

Plaintiff is the appellant in this second appeal against the reversing judgment in A.S.No.205 of 1981 on the file of the Principal District Judge, Pondicherry, which dismissed his suit O.S.No.127 of 1979 on the file of the Principal Subordinate Judge, Pondicherry for the recovery of a sum of Rs.6,055 due under Ex.A-1 promissory note executed by both the defendants in favour of the plaintiff.

2. The only question that is argued before me in this second appeal relates to the material alteration of Ex.A-1 promissory note. The 2nd defendant remained ex parte.. According to the 1st defendant, the suit promissory note bears, only the date 12. 1975, but it has been altered by the plaintiff to 12. 1976. The lower appellate court has found that there is such an alteration and it has also held that it is a material alteration within the meaning of Sec.87 of the Negotiable Instruments Act. Therefore, the lower appellate court has dismissed the suit since as per Sec.87 of the Negotiable Instruments Act, Ex.A-1 is a void document in view of the said material alteration.

3. Though the learned counsel for the appellant argues that there was no such alteration at all, after seeing Ex.A


































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