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1967 (11) TMI 117

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..... ence of the defendant which was corroborated by the evidence of D.W. 2 that Ex. P-3 another promissory note executed by the defendant in favour of the plaintiff was returned by the plaintiff to the defendant without the stamp which originally existed, and on which the defendant has fixed the signature. The lower appellate Court also disbelieved the evidence of the plaintiff that when Ex. P-1 was h .....

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..... ry note when it was delivered to the plaintiff by the defendant, and that being so, no appeal could be made to the presumption directed by S. 118 of the Negotiable Instruments Act. 3. On the finding recorded by the lower appellate Court that Ex. P-1 did not contain the signature of the defendant when the plaintiff was handed over that document, the duty to prove execution was clearly on the pla .....

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..... of the signature appearing on the receipt stamp in Ex. P-1. What was noticed by it was that one part of the Kannada letter 'Ya' was missing on Ex. P-1 and that part is the segment or the are which is at the end of the Kannada letter 'Ya'. The missing segment, according to the lower appellate Court established the removal of the receipt stamp which contained the defendant's sign .....

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