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1961 Supreme(Mad) 188

S.RAMACHANDRA.IYER
M. P. RM. Irulandi Mudaliar – Appellant
Versus
Syed Ibrahim – Respondent


Advocates:
T.R. Srinivasan, for Petitioner.
K. Parasaran, for Respondents.

Order.-

This Revision Petition is directed against an order of the District Munsif of Paramakudi declining to return two promissory notes which were the subject-matter of the suit before him for filling up the name of the payee. The promissory notes were executed by one Muhammad Ibrahim for sums borrowed at Rangoon. They are duly stamped in accordance with the provisions of the Indian Stamp Act. The promissory notes, however, did not bear the name of the payee; a space was left in blank for filling up the name and it is the petitioner’s case that he was authorised to fill in his name at any time that he chose; but due to a mistake he omitted to fill in his name in the promissory notes before instituting the suit thereon. The suit was filed against the legal representatives of the executant, Muhammad Ibrahim as he had died by then. The petitioner realising that the payee’s name had not been filled up applied to the Court to return the two promissory notes to him to enable him to fill in the blanks and re-present the same into Courts

Section 20 of the Negotiable Instruments Act says that where a promissory note is signed and delivered to another person on a paper, properly stamped, le



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