Gour Chandra Das vs Prasanna Kumar Chandra on 23 February, 1906
Besides the case of Moti Lal Saha was subsequently considered by a Bench of the same Court in Gour Chandra Dass v. Prasanna Kumar Chandra 33 C. 812 : 3 C.L.J. 363 : 10 C.W.N. 788. The principle of law applicable to cases like the present is discussed at length by the learned Judges who decided the case of Das. The principle is that an unsuccessful attempt to gain by an alteration in a document should not put the party in the same situation in which he would have at first stood. If that were not so, attempts at forgery would be safe and frequent. Taylor in his book on Evidence says that the grounds of this principle are two fold. The first is that of public policy, which dictates that no man should be permitted to take the chance of committing a fraud without any risk of losing by the event in case of detection. The other is to insure the identity of the instrument and prevent the substitution of another without the privity of the party concerned. In view of this principle the 2nd contention for the applicant, i.e., that his claim to the extent of the defendant's admission should be decreed, fails.