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2002 Supreme(Mad) 123

M.KARPAGAVINAYAGAM
K. G. Venkataraman – Appellant
Versus
T. Sridevi – Respondent


Advocates Appeared:
For the Petitioner:R. Gandhi, S.C., R.G. Narendhiran, Advocate.
For the Respondent:N. Manokaran, Advocate.

Judgment :-

1. The petitioner herein is the defendant.

2. The respondent herein filed a suit for recovery of the money on the basis of a promissory note executed by the petitioner. The petitioner filed a written statement denying both execution of the promissory note and borrowing of any sum from the respondent. In the suit, trial commenced and P.W.1 was examined in chief and cross. Thereafter, the respondent filed an application to amend the date of the promissory note as 1.10.1996, as it was wrongly mentioned in the plaint that the date of the promissory note was 12.10.1996. Opposing this application, the petitioner filed a counter. However, the trial Court allowed the application for amendment. Hence, this Civil Revision Petition.

3. Mr. R. Gandhi, the learned senior counsel representing the counsel on record, while assailing the impugned order, would submit that by the amendment in the date of promissory note as 1.10.1996, while all the documents referred to in the suit and deposition of P.W.1 would show the date of the promissory note as 12.10.1996, would change the entire cause of action and as such, the new case had been permitted to be introduced and hence, the impugned orde




































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