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Simulu Ebrahim Rowthan Vs. Abdul Rahiman Mahomed and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ182
AppellantSimulu Ebrahim Rowthan
RespondentAbdul Rahiman Mahomed and ors.
Cases ReferredGriffin v. Weatherby
Excerpt:
- 1. i think the district munsif was wrong in refusing to admit the promissory note in evidence.2. being a note made out of british india, it comes within the provisions of section 18 of the stamp act (i. of 1879). the first holder, who is the plaintiff, had, before presenting it for acceptance or payment, before endorsing, transferring or otherwise negotiating it, to affix the proper stamp. none of these things had happened, and the obligation to affix a stamp had not arisen.-- griffin v. weatherby, l. r., 3 q. b., 753.3. the plaintiff's vakil is ready to affix the proper stamp before decree is passed.4. i must reverse the decree and. direct the district munsif to hear the case on the merits. i shall give no costs of this petition.
Judgment:

1. I think the District Munsif was wrong in refusing to admit the promissory note in evidence.

2. Being a note made out of British India, it comes within the provisions of Section 18 of the Stamp Act (I. of 1879). The first holder, who is the plaintiff, had, before presenting it for acceptance or payment, before endorsing, transferring or otherwise negotiating it, to affix the proper stamp. None of these things had happened, and the obligation to affix a stamp had not arisen.-- Griffin v. Weatherby, L. R., 3 Q. B., 753.

3. The plaintiff's vakil is ready to affix the proper stamp before decree is passed.

4. I must reverse the decree and. direct the District Munsif to hear the case on the merits. I shall give no costs of this petition.


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