G. K. MISRA, J.

( 1 ) THE plaintiff's suit was for recovery of money on the strength of a promissory note Ext. 1 executed by the defendant on 28-1-62. The defendant admitted the execution of the promissory note. He however contended that no consideration passed thereunder and that it was given by way of a security on behalf of his brother-in-law who was alleged to have committed theft and was called upon to execute a promissory note. The case underwent trial. The plaintiff's suit was dismissed by the trial court. The plaintiff accordingly filed an appeal. Arguments in the appeal were heard by the learned Subordinate Judge, Bhubaneswar and he reserved the judgment to 25-9-67. On that day the defendant filed an application for amendment of the written statement alleging that in paragraph 11 of the written statement the year "1963" was a mistake for "1962" and that as it escaped the notice of the defendant by inadvertence, it should be allowed to be corrected. The learned Subordinate Judge accepted the defendant's contention that the mistake was a bona fide one and escaped the notice of the defendant. He however held that the amendment should not be allowed as it might affect the pla