9911796707
|
Home
Issues:
1. Material alteration in the promissory note 2. Validity of the endorsement of payment on the promissory note 3. Plea of discharge set up by the respondents Detailed Analysis: 1. The revision petition was filed by the plaintiff against the judgment dismissing the suit for recovery of a sum due under a promissory note. The respondents contended that the promissory note had been materially altered, rendering it unenforceable. The court considered whether the alteration in the date of the promissory note constituted a material alteration as per Section 87 of the Negotiable Instruments Act. Citing legal precedents, the court held that the alteration was material, making the promissory note unenforceable. The court also rejected the petitioner's argument that he should be granted relief based on the original cause of action, emphasizing that the suit was not based on that cause of action. 2. The court examined the validity of an endorsement of payment made on the promissory note. The respondents disputed the authenticity of the endorsement and alleged forgery. The court referred to legal authorities to determine the implications of such endorsements on negotiable instruments. It was established that the petitioner failed to prove that a third party was responsible for the alteration, leading to the rejection of the petitioner's contention regarding the endorsement of payment. 3. The plea of discharge raised by the respondents was another crucial issue. The respondents claimed that they had paid the debt in full three years prior. The court analyzed the legal implications of such a plea and found that the acknowledgment of part payment under a renewed promissory note could be utilized for limitation purposes under the Limitation Act. Consequently, the court allowed the revision petition, decreeing the suit in favor of the petitioner for the principal amount with interest. The costs were awarded against the respondents, except for one respondent who had been dismissed from the revision petition.
|
