Date and month on Promissory Note altered - Promissory Note so altered, void as per Section 87-Suit based on sald Note, dismissed - burden of proof on Plaintiff

Citation

2018 (4) CTC 190 (Mad)

IN THE HIGH COURT OF MADRAS

1. Ravindran, J.

5.A. No.1177 of 2003 & C.M.P. No.10545 of 2003.

February 07, 2018

Pachalappa Chettiar

Vs..

Muthukrishna Naidu

Negotiable Instruments Act, 1881 (26 of 1881), Section 87 Pro Note Material alteration Consequence of Suit for recovery of money based on Promissory Note - Visible from naked eye that date and month on Promissory Note altered-Month of 'September' converted to 'December' by striking off and adding Letters-Date 11 altered to 27- Said alterations, material alterations and no plausible explanation given by Plaintiff for same- Alterations made, when in custody of Plaintiff and without knowledge and consent of Defendant Alterations to adversely affect interest of Defendant by saving Suit on point of limitation Promissory Note so altered, void as per Section 87-Suit based on sald Note, dismissed - Order of First Appellate Court allowing Suit, erroneous and set aside...