amount due under this deposit a kaiyeluthu letter, described as a promissory note, was executed under date 13-4-1941 (Ex. AD which is reproduced ... suit document is not a promissory note and the endorsements on its back are forgeries;
(3) Defendant 2 has never been a partner of this
promissory note (in printed form) in favour of the plaintiff as alleged by him; (iv) the alleged writing on pro note was a forgery ... facie raised a 'triable issue' of forgery. According to Mr. Shah, the promissory note alleged to have been executed by the defendant
obtained at Akyab an ex parte decree upon a promissory note said to have been executed by the plaintiff at Akyab. The plaintiff ... decree should have been passed without calling for the promissory note impeached as a forgery.
2. In support of the first contention, the learned vakil
disputed signature in Ex.A1 promissory note is that of the Defendant. Since plea of forgery had been taken by the Defendant, trial Court ... denied execution of Ex.A1 promissory note and Defendant has also raised plea of forgery. Since there was denial of execution, to prove execution
above said suit for recovery of money based on a promissory note dated 25.6.1995 alleged to have been executed by the appellant herein ... known to him and that the suit promissory note was a rank forgery. In order to prove his case, the respondent herein/plaintiff, besides examining
endorsement indicating part payment by the endorser on a promissory note is a material alteration of the negotiable instrument itself, sufficient to render the instrument ... forgery. There is no case of part-payment or forgery here, and as already noticed, the claim itself is based not on the promissory note
held to be forgery. From this illustration it will be clear that a man can be to have committed a forgery of document even ... name may amount to forgery and from Illustration (e) it is clear that writing a promissory note by A in the circumstances given
Agra
for the amount due under the promissory note making the executants of the note, defendants Nos. 1 to 3, and Danpal, defendant ... document dated June 21 was a forgery. The proceedings showed that Danpal allowed the promissory note to become barred by acting fraudulently towards Hemraj
promissory note in an un-equivocal manner as strong pieces of evidence against the plea of the defendant of the note being a forgery ... suit promissory not is a forgery or a genuine one. It seems to me that the defendant's case that the promissory note
interest due on it. The basis for the suit was promissory note allegedly executed by the defendant on 7.9.1994 in favour of the plaintiff ... marginal witness were strangers to him. He termed the promissory note as 'rank forgery'. The following issues were framed for trial.
(1) Whether