https://www.taxtmi.com/caselaws?id=294918 An insufficiently stamped pronote cannot be admitted in evidence or acted upon merely because its execution is admitted; Section 58 of the Evidence Act dispenses only with formal proof and does not override the statutory bar under Section 35 of the Stamp Act. The pronote was therefore inadmissible and no relief could be founded on it. However, where the pleadings and surrounding transaction disclosed an independent underlying loan or debt, the plaintiff could still pursue that original cause of action even after exclusion of the pronote. The suit, though not triable by the High Court, remained pending for transfer to the competent subordinate court for trial on the alternative claim. en-us Fri, 24 Dec 1976 00:00:00 +0530 Sat, 08 May 2021 11:19:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294918 An insufficiently stamped pronote cannot be admitted in evidence or acted upon merely because its execution is admitted; Section 58 of the Evidence Act dispenses only with formal proof and does not override the statutory bar under Section 35 of the Stamp Act. The pronote was therefore inadmissible and no relief could be founded on it. However, where the pleadings and surrounding transaction disclosed an independent underlying loan or debt, the plaintiff could still pursue that original cause of action even after exclusion of the pronote. The suit, though not triable by the High Court, remained pending for transfer to the competent subordinate court for trial on the alternative claim. Case-Laws Indian Laws Fri, 24 Dec 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294918