Present: Dalton J. and Jayewardene A.J.

DAVITH   APPU   v.   DE   SILVA.

68-D. C. Hatton, 1,643.

    Promissory note-Alteration of sum by payee-Judgment against maker -Defence raised-Action for damages by 'maker against payee.

Plaintiff, who was the maker of a promissory note, sued the defendant, the payee, to recover damages on the ground that the defendant had altered the sum due on the note, before endorsing the note to K. K had sued the plaintiff on the note, when the latter raised in defence the question of his liability on the note based upon the wrongful act of the payee. Judgment in that case went against the plaintiff, he having failed to provide security as a condition of being given leave to defend.

Held, that the plaintiff could not maintain the present action against the defendant.

APPEAL from a judgment of the District Judge of Hatton. Plaintiff sued the defendant to recover a sum of Rs. 1,500 damages sustained by reason of a wrongful act of the defendant in falsely altering the sum payable on a promissory note granted to him by the plaintiff.

It was alleged that the defendant altered the sum of Rs. 834-95 to Rs. l,