Admitted execution of a promissory note bars later stamp objections once the document is exhibited in evidence.

Where execution of a promissory note is admitted in the pleadings, the document has already been received in evidence and marked as an exhibit, its admissibility cannot later be reopened on stamp objections. The statutory bar under Section 36 prevents a party from challenging admissibility after exhibition, and the objection based on want of cancellation of stamp under Section 12 does not survive in that situation. The proper course is to decide the dispute on the remaining defence, here discharge, rather than dismiss the suit for alleged inadmissibility of the instrument. The dismissal was therefore unsustainable and the matter required fresh disposal on the merits of the defence.

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Issues: Whether the suit could be dismissed on the ground that the promissory note was not duly stamped and was therefore inadmissible in evidence, despite the defendant's admission of execution and the document having been marked as an exhibit.

Analysis: The defendant's written statement admitted execution of the promissory note and raised only the plea of discharge. In such circumstances, the fact of execution stood admitted and did not require further proof. The objection based on want of cancellation of the stamp under Section 12 did not avail the defendant after the document had been admitted in evidence and marked as an exhibit. Once admitted, its admissibility could not be re-opened under Section 36. The trial court's reliance on inadmissibility of the instrument was therefore misplaced in the light of the admission and the statutory bar against revisiting admissibility after exhibition.

Conclusion: The dismissal of the suit on the ground of unstamped or inadmissible promissory note was unsustainable, and the matter had to be sent back for disposal on the defence of discharge.

Final Conclusion: The revision succeeded, the order of dismissal was set aside, and the suit was remanded for fresh disposal in accordance with law.

Ratio Decidendi: Where execution of a promissory note is admitted in pleadings and the document has already been received and marked in evidence, its admissibility cannot later be challenged on stamp grounds, and the dispute must be decided on the remaining defence.

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