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V.G.Rao Advocate (Advocate)     05 December 2012

Mistake in the columns of promissory note

Hi all,

My friend "A" filed a civil suit basing on the promissorry note which was obtained by him from his friend""B".  After receiving the amount from my friend "A", by mistake or with deliberate intention the borroweri.e "B" has written name of my friend i.e "A" in the column of borrower instead of his name, and his name in the column of lender, but however he signed on the revenue stamp, thereafter the suit was filed by my friend"A" for recovery of money against his friend"B" as he failed to discharge his liability, thereafter "B" filed his W.S and contended that the promissory note is not valid and cannot be accepted in evidence taking advantage of aforesaid mistake.

It is important to mention here that even "A" has not noted the said mistake till "B" filed his W.S.

Now my qustion is whether the above mistake is fatal to the case of "A",  if not provide me with a suitable case law to over come with the said problem. thanking you in advance.



Learning

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