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V.G.Rao Advocate (Advocate)     02 December 2012

Mistake in the promissory note whether fatal to the case?

Hi all,

My friend "A" is having a promissorry note which was obtained by him from his friend""B" at the time of lending money, after receiving the amount from my friend "A", by mistake or with deliberate intention the borroweri.e "B" has written name of my friend i.e "A" in the column of borrower instead of his name, and his name in the column of lender, but however he signed on the revenue stamp, thereafter the suit was filed by my friend"A" for recovery of money as his friend"B" failed to discharge his liability, thereafter "B" filed his W.S and contended that the promissory note is not valid and cannot be accepted in evidence taking advantage of aforesaid mistake.

It is important to mention here that even "A" has not noted the said mistake till "B" filed his W.S.

NOw my qustion is whether the above mistake is fatal to the case of "A",  if not provide me with a suitable case law to over come with the said problem. thanking you in advance.



Learning

 1 Replies

hari sri chunduru (advocate)     02 December 2012

mistake in the promissory note is not a fatal   examine the sribe who has written the promissory note. whether the promissory note is writen in the english or telugu the person who has signed on the revenue stamp is not a suckiling baby to write his name on the revenue stamp  his intention is clear that he his trying to avoid  the amount he has taken from the your friend  also examine the witness  if your witnesses are client friends it is very easy even the witness are not borrowers friends it does not matter it depends how best you cros examine the witness if the witnesses support the borrower


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