JUDGMENT

1. This is a second appeal by the piaintiff against an appellate order dismissing his suit. The plaintiff sued to enforce a mortgage bond of 12th December, 1919, executed by the defendants. Subsequent to this transaction on 9th December, 1922 there was a simple bond executed by the defendants in favour of the plaintiff for Rs. 650 balance then owing after some pay-ment had been made by the defendants. The question before us is whether the execu-tion of this bond of 9th December, 1922, was a novation of contract between the parties within the meaning of Section 62 of the Indian Contract Act. A suit was brought No. 1454 of 1924 by the plaintiff on the basis of this bond of 9th December, l922, and it was held in that suit that the suit should be dismissed because the plaintiff had made certain interpolations in regard to interest and in regard to instalments after the bond had been, executed by the defendants. On account of this forgery by the plaintiff the Courts held that the plaintiff was unable to sue on this bond at all. The plaintiff has now come into Court relying on his original mortgage band of 12th December, 1919, and he claims that because he is unale to sue on his