( 1 ) THIS Letters Patent appeal has been filed by the plaintiff against the judgment of a single Judge of this Court in Second Appeal No. 745 of 1955, decided on 8-7-1958.

( 2 ) THE appellant had filed the suit out of which this appeal arises for recovery of Rs. 4000/- on the basis of a pro-note, dated 23-11-1946 Ex. P-l. . The plaintiff was a minor at the time of the execution of the pro-note, which was taken on his behalf by his father Gokul Prasad Rai. At the tune of filing of the suit also, the plaintiff was a minor and his father Gokul Prasad Rai acted as his next friend.

( 3 ) THE defendant (respondent) admitted the execution of the pro-note, but stated that it was only for Rs. 400/- and this was the only amount which he had received as consideration. The defendant stated that the pro-note had been materially altered by changing the amount of Rs. 400/- to Rs. 4000/- and therefore the plaintiff was not entitled to sue for recovery of anything on the basis of the pro-note.

( 4 ) THE trial Court and the first appeal Court found that the pro-note was for a consideration of only Rs. 400/- and it was materially altered by raising the amount to Rs. 4000/-, The trial