Nazir Khan And Anr. vs Ram Mohan Lal And Anr. on 3 July, 1930
In support of this contention he has referred to two decisions : Nazir Khan v. Ram Mohan 1931 All.
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1 - 2 of 2 (0.25 seconds)Haji Anwar Khan vs Mohammad Khan And Ors. on 7 January, 1929
183 and Haji Anwar Khan v. Mohammad Khan 1929 All. 105. These two decisions undoubtedly support the contention of Learned Counsel for the appellant. Learned Counsel for the respondent, however, has referred to a number of other authorities in which the principle is established that where the promissory note is in respect of an antecedent dobt or obligation and the promissory note is inadmissible in evidence for one reason or another, for example, if it is insufficiently stamped or if it is simply not produced by the plaintiff, it is open to the plaintiff to recover the amount due to him from his debtor by proving the antecedent liability; in other words by basing his suit upon a cause of action other than the promissory note.
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