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2022 (6) TMI 1030 - HC - Indian LawsValidity of suit promissory notes - material alteration with reference to the year material alteration with reference to the year mentioned in Exs. A1 to A4 - HELD THAT:- 'Material alteration' literally means an alteration made to an instrument that adds or deletes any provision or changes the rights and obligations of any party under it. 'Material alteration' in negotiable instrument means, any change in written instrument which makes it to speak different legal language from that of the original, that includes altering the date of instrument. The trial Court observed that nothing incriminating evidence was extracted from CW. 1 by the plaintiff to discredit her assertions on material alteration to year of execution of promissory notes marked as Exs. A1 to A4. Having regard to the evidence brought on record, the trial Court rightly observed that there is material alteration to the numerical '7' in the year mentioned in Exs. A1 to A4 showing the execution of promissory notes as if in the year 2007, whereas they were actually executed in the year 2001. The evidence on record clearly points out alteration of numerical '1' as '7', changing the year of execution from 2001 to 2007. Once it is established that there is material alteration to the year in the negotiable instrument, which is crucial to seek enforcement of the liability, Section 87 comes into operation. Therefore, the plaintiff cannot seek enforcement of alleged liability from the defendant. Appeal dismissed.
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