pronote

Querist : Anonymous (Querist) 19 November 2010 This query is : Resolved
A filed suit against B for recovery of money based on pronote. At the time execution of pronote English year date differ from corresponding tamil year date. Whether the variation of date in English year and Tamil year helps to B?

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A V Vishal (Expert) 19 November 2010
No.

Sri Vijayan.A (Expert) 19 November 2010
Did you write both the date?
But it will not help.
However, for limitation purpose (3years for pronotes), it may help.

Raj Kumar Makkad (Expert) 19 November 2010
I do agree with Vijayan.

Advocate. Arunagiri (Expert) 20 November 2010
Variation of date will not invalidate the pronote. At the same time it can question the limitation.

s.subramanian (Expert) 20 November 2010
The variation will definitely create a reasonable doubt in the mind of the court. The reason for such variation has to be properly explained by the plaintiff. Otherwise the defendant can take advantage of it and argue that the pronote is a fabricated one on this ground of variation. In the absence of any explanation on this variation, the court can draw an adverse inference under Sec.114(g) of the Indian Evidence Act.

Chanchal Nag Chowdhury (Expert) 20 November 2010
It will depend on the nature of defence set up by the defendant.

Advocate Rajiv Mishra (Expert) 20 November 2010
if it looks like a cierkal mistake it can be ignored.

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