1918 Present: Bertram C.J. and De Sampayo J.

VALLIAPPA CHETTY v. SILVA.

124-D. C. Galle, 15,588.

Promissory note-Material alteration-Note a nullity-May note be read in evidence on an action for money lent ?

'' A Court of Appeal ought only to decide in favour of an appellant on a ground put forward for the first time (in appeal), if it be satisfied beyond doubt that it has before it all the facts bearing upon the new contention, as completely as would have been the case if the controversy had arisen at the trial.

Obiter-The effect of material alteration of a promissory note is to make the note absolutely void. Though the note is a nullity, it can be used as evidence in support of a claim put in some other way.

THE facts are set out in the judgment of Bertram C.J.

J. S. Jayawardene, for the defendant, appellant.

A. St. V. Jayawardene, for the plaintiff, respondent.

July 1, 1918. Bertram C.J.-

In this case we have first to consider the findings of fact of the learned District Judge. They are, perhaps, not so clear and explicit as they might be. The learned Judge had at first to consider the case of the parties with regard to the