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1966 Supreme(Mad) 361

A.ALAGIRISWAMI
Seth Tulsidoss Lalchand – Appellant
Versus
G. Rajagopal – Respondent


Advocates:
P. V. Subramaniam, for Petitioner.
N. Sivamani, for Respondent.

JUDGMENT.-

This is a petition to revise the judgment and decree of the learned District Judge, Tiruchirapalli,in A.S. No. 577 of 1963 by a plaintiff whose suit was dismissed and whose appeal thereon was also dismissed. The suit was on the basis of a promissory note. The promissory note was on a printed form. The defendants’ contention in the suit was a plea of discharge, which was found against by the trial Court but both the appellant and the trial Court accepted the contention put forward on behalf of the defendants that the plaintiff had filled up the blank in the promissory note with regard to the interest showing that it was one percent per month. They, therefore, held that this amounted to a material alteration and dismissed the plaintiff’s suit.

The question therefore before this Court is of a very limited scope, and that is, whether the fact that the promisee had filled up the blank with regard to the rate of interest makes the document one which has been materially altered. There is a decision by Srinivasan, J., in C.R.P. No. 1544 of 1957, wherein he has held that an alteration of the present kind would be a material alteration disabling the plaintiff from suing on the instr


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