JUDGEMENT
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(1.)The question is whether the finding that the suit promissory note is inadmissible in evidence, because of non-cancellation of adhesive stamp, can be sustained when there is no pleading to that effect nor any objection raised at the earliest stage.
(2.)The appellant lent money to the respondent and the suit promissory note was executed in evidence thereof. The respondent denied execution of the promissory note, as also the payment of consideration. The Trial Court decreed the suit but the Appellate Court reversed it on a point that was not raised in the written statement and no issue was framed in that regard.
(3.)On the suit promissory note, in line with third respondent's left thumb impression, four stamps have been affixed and a line drawn there against with the words Sevani Ammal is the respondent. According to the Appellate Court there is absolutely no proof to show that the stamps were affixed at the time of execution or that the cancellation was also made contemporaneously and therefore dismissed the suit.
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