1967 (11) TMI 117

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....o the plaintiff by the defendant. It believed the evidence of the defendant which was corroborated by the evidence of D.W. 2 that Ex. P-3 another promissory note executed by the defendant in favour of the plaintiff was returned by the plaintiff to the defendant without the stamp which originally existed, and on which the defendant has fixed the signature. The lower appellate Court also disbelieved....

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....he signature of the defendant, it was not a promissory note when it was delivered to the plaintiff by the defendant, and that being so, no appeal could be made to the presumption directed by S. 118 of the Negotiable Instruments Act. 3. On the finding recorded by the lower appellate Court that Ex. P-1 did not contain the signature of the defendant when the plaintiff was handed over that document, ....