Karnataka Court August 1962 Judgments

N. Shivanna Vs. J.B. Thimmlah

Court: Karnataka

Reported in: AIR1964Kant56; AIR1964Mys56; (1963)2MysLJ263

ORDER1. This revision petition arises out of an application for amendment made by the plaintiff and which has been allowed by the Civil Judge of Tumkur, in a suit on a pronote. The suit pronote which was dated 26-10-1957, was for a sum of Rs. 5000/- and was alleged to nave been executed by the defendant. While resisting the claim of the plaintiff, the defendant also pleaded that the suit pronote, having been insufficiently stamped, was inadmissible in evidence. Thereafter the plaintiff filed an application seeking for permission to so amend the plaint as to base his suit on what was called the original cause of action. The plaintiff sought to plead that the sum of Rs. 5000/- had been actually borrowed by the defendant on 19-10-57 and that as the stamp was not available at that time the defendant agreed to execute the pronote and that he subsequently did so on 26-10-57. This application for the amendment of the plaint, was strenuously resisted by the defendant. The learned Civil Judge h...