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Issues:
Interpretation of the admissibility of a promissory note in evidence due to stamp cancellation, entitlement to recover on the basis of money advanced when the promissory note is inadmissible, consideration of amendment to the plaint after the period of limitation, effect of defendant's admission in the written statement, and the admissibility of the promissory note marked as an exhibit. Analysis: 1. The revision petition involved a dispute over the admissibility of a promissory note in evidence due to stamp cancellation issues. The plaintiff sought to recover based on a promissory note executed by the defendant, which was challenged for being unstamped. The District Munsif ruled the promissory note inadmissible, leading to the dismissal of the suit. The plaintiff argued that the loan and promissory note were simultaneous and should entitle recovery even if the note was inadmissible. The judgment referred to conflicting views among High Courts on this matter and highlighted the importance of the decision in Muthu Sastrigal v. Visvanatha Pandara Sannadhi (1913) I.L.R. 38 M. 600 : 26 M.L.J. 19. 2. The judgment delved into the implications of the plaintiff's application to amend the plaint to include a cause of action not reliant on the promissory note. It referenced the relevance of a Bombay High Court decision in Burjorji v. Hormusji (1931) 34 Bom. L.R. 643 concerning such amendments. The timing of the amendment vis-a-vis the limitation period was also crucial in determining the viability of the proposed amendment. The judgment hinted at a difficult hurdle for the plaintiff due to the expired limitation period. 3. The analysis further scrutinized the effect of the defendant's admission in the written statement regarding the promissory note and the plea of discharge. The judgment cited Section 58 of the Indian Evidence Act, which allows facts admitted by parties to be binding without further proof. The defendant's subsequent objection on stamping issues was deemed irrelevant due to the prior admission of the promissory note. 4. Lastly, the judgment addressed the admissibility of the promissory note marked as an exhibit. It emphasized that once a document is admitted and marked as an exhibit, its admissibility cannot be challenged later based on stamping concerns. This interpretation was supported by Section 36 of the Indian Stamp Act. Consequently, the court reversed the District Munsif's order and remanded the case for further proceedings, highlighting the plaintiff's responsibility for costs due to oversight in the lower court.
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