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1924 Supreme(Nagpur) 202

R.B.M.B.KINKHEDE
HEMCHAND – Appellant
Versus
GOVINDA – Respondent


Advocates Appeared:
M Gupta, S B Gokhale, W R Puranik, Advocates

JUDGMENT

R B M B Kinkhed—On 28-4-1920 Mt. Bahenabai and two others Wamanrao and Sitaram executed a bond for Rs. 800/- in plaintiff's favour, agreeing to repay the debt with Sawai interest Rs. 200/-. The document is marked Exhibit P-7. It evidences a borrowing by all the three executants jointly and severally. It recites that the sum of Rs. 800/- then borrowed in cash was taken for meeting the expenses of the marriage of the son of Mt. Bahena.

2. The document has according to the findings of both the Courts below been altered by the addition of certain words which makes it a document executed by Mt. Bahena for her minor son Govinda as well as for her own self whereas its original complexion showed that it was executed by her in her own individual character. The tenor of the contract evidenced by the document has been thus materially altered as the Lower Courts have found. They have dismissed the suit as the same could not be held maintainable on the basis of an altered instrument.

3. The plaintiff comes up in 2nd appeal and urges that (1) the alteration which is found to have been made is not material and therefore effect should have been given to the bond though altered. The question









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