https://www.taxtmi.com/caselaws?id=304107 Amendment of a plaint may clarify that recovery is founded on the original loan transaction where a promissory note was executed only as security or evidence of debt. A promissory note does not merge or discharge the underlying loan unless the parties intended it as absolute payment. Therefore, even if the note is inadmissible because of insufficient stamping, the original consideration may be proved, subject to evidence. Section 91 of the Evidence Act does not preclude pleading the underlying loan in these circumstances. The amendment merely clarifies the claim's basis and does not determine whether the note discharged the debt, which remains a matter of evidence. en-us Wed, 21 Apr 1965 00:00:00 +0530 Thu, 08 Sep 2022 12:04:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304107 Amendment of a plaint may clarify that recovery is founded on the original loan transaction where a promissory note was executed only as security or evidence of debt. A promissory note does not merge or discharge the underlying loan unless the parties intended it as absolute payment. Therefore, even if the note is inadmissible because of insufficient stamping, the original consideration may be proved, subject to evidence. Section 91 of the Evidence Act does not preclude pleading the underlying loan in these circumstances. The amendment merely clarifies the claim's basis and does not determine whether the note discharged the debt, which remains a matter of evidence. Case-Laws Indian Laws Wed, 21 Apr 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304107