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1937 Supreme(Mad) 257

ALFRED HENRY LIONEL LEACH
Penatapati Nageswara Rao – Appellant
Versus
Moka Narayanamurthi – Respondent


JUDGMENT

Alfred Henry Ltonel Leach, C.J.

1. The question raised by this petition is whether an improperly stamped promissory note can be admitted in evidence to prove acknowledgment of liability in order to save limitation in respect of promissory notes previously executed. The petition arises out of a suit filed in the Court of the Subordinate Judge of Amalapurm. The promissory note was in the following terms:

On account of my necessity this day--that is, the amount due for principal and interest on the promissory note executed and delivered on 23rd June, 1929, is Rs. 93-3-0; the amount due on the promissory note executed and delivered on 6th July, 1929, is Rs. 92-13-0 and the amount due for principal and interest on the promissory note executed and delivered on 14th February, 1931, is Rs. 101. The total is Rs. 287. On demand I promise to pay you or order in one lump sum, the (said) principal together with interest thereon at Rs. 1-9-0 (One rupee and nine annas) per cent, per mensem, shall it the payment endorsed on this note and take it back. The consideration hereof has been received as aforesaid. This promissory note is executed with consent.

2. On a stamp of the value of one anna







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