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1936 Supreme(All) 259

Sheo Nayak – Appellant
Versus
Babau – Respondent


ORDER

1. This is a civil revision on behalf of a plaintiff whose suit was dismissed by a Small Cause Court Judge. The plaintiff brought a suit on a promissory note dated 5th June 1932 for recovery of Rs. 592-8-0 olaiming the rate of interest at Rs. 1-8-0 per cent, per mensem. The plaint sets out that the defendants borrowed to the extent of Rs. 592-8-0 on the date of execution of the promissory note and that the promissory nvSe was taken by way of further security. The written statement admitted that some ten years ago the defendants had borrowed Rs. 250 and had been making payments from time to time, that the promissory note in question was executed by the defendants but that payment was not received on the date of execution, that the rate of interest was annas eight per cent, per mensem and not Rs. 1-8-0 per cent, per mensem and that the rate of interest had been altered by the plaintiff after the promissory note in question had been executed by the defendants. A receipt was also executed at the same time by the defendants. The learned Small1 Cause Court Judge found that there had been an alteration after execution of the promissory note and that the words "Re. 1" had been added t

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