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1913 Supreme(Mad) 207

ARNOLD WHITE
Lakshmammal – Appellant
Versus
Narasimharaghava Aiyangar And – Respondent


JUDGMENT

Arnold White, C.J.

1.This is an appeal from a decree given by Mr. Justice Wallis dismissing the plaintiffs suit on the ground that the two documents on which he relied had been materially altered and that for that reason the defendants were not liable thereon. The suit was brought on two instruments executed in Mysore by the father of the defendants the father being a resident in Mysore, in favour of the plaintiff who with her husband was also an inhabitant of Mysore. When the documents were put in evidence it was found that they had been torn and mutilated. The learned Judge declined to believe the story put forward by the plaintiff to account for the mutilation of the documents. I agree with the learned judge that this story could not be accepted. The effect of the mutilation was to cause the words " or order " to disappear from the two documents. There is very little direct evidence on this point, but the learned judge holds in effect that the missing words were " or order " or words to that effect and I take the same view. This was not in fact seriously contested by the plaintiff, and Mr. S. Srinivasa Aiyangars argument proceeded on the assumption that the words " or ord









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