https://www.taxtmi.com/caselaws?id=304107 A plaint may be amended to clarify that a suit rests on the original loan transaction rather than only on a promissory note where the pleadings show the note was executed as security or evidence of the loan. A promissory note may operate either as an absolute discharge of the debt or as conditional payment or collateral security; if it is not taken in full discharge, the original consideration does not merge in the instrument and may still be proved if the note becomes inadmissible or unproved. The amendment was properly allowed because it only put the real basis of the claim on record and did not decide the merits. 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 A plaint may be amended to clarify that a suit rests on the original loan transaction rather than only on a promissory note where the pleadings show the note was executed as security or evidence of the loan. A promissory note may operate either as an absolute discharge of the debt or as conditional payment or collateral security; if it is not taken in full discharge, the original consideration does not merge in the instrument and may still be proved if the note becomes inadmissible or unproved. The amendment was properly allowed because it only put the real basis of the claim on record and did not decide the merits. Case-Laws Indian Laws Wed, 21 Apr 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304107