AIR 1959 RAJASTHAN 96 ::1959 RajLW 61 ::ILR (1958) 8 Raj 1178

Rajasthan High Court

Hon'ble Judge(s): D. M. Bhandari , J

(A) Negotiable Instruments Act (26 of 1881) , S.87— Material alteration - Promissory note - Affixation of stamp and attestation of witness without consent of executor - Affixation and attestation held amounted to material alteration. Stamp Act (2 of 1899) , S.14— The suit was based on a promissory note executed for Rs. 1260/-. The front portion of it was a promissory note signed by the defendant. On the back portion were four stamps of -/1/- each cancelled by the alleged signature of the defendant. Below that there was the attestation by one witness. Regarding the back portion the lower Courts came to the conclusion that the four stamps were not affixed at the time of the execution of the document but were affixed by the plaintiff without the consent of the defendant and that the signature of the defendant on the stamps cancelling the stamps was forged and that the document was not attested at the time of the execution, but was got attested by the plaintiff later on without the consent of the defendant. Held (1) that by affixing the stamps and cancelling them, the plaintiff had materially altered the promissory-note and it had become void under S. 87 of the Negotiable Instruments Act.(Para 4) (2) that as the purpose of attestation was to make the document admissible in evidence, the alteration was ....