Chella Balayya vs Kanuparthi Subbayya

The suit promissory note purports to be executed by defendant-appellant in virtue of the words on it ""Nishi, mark of Chella Subbayya.

There is in fact no separate mark. The plaintiff contends that the absence of one is immaterial and that he is at liberty to prove that the words

referred to were written with defendant''s authority and, therefore, constituted a valid execution of the instrument.

As regards the 1st point, we cannot see and have not been shown authority for holding that any separate mark is essential, if the writing relied on

is in fact written with authority.

As regards the 2nd, no case has been cited to the effect that the ordinary law of agency stated in Section 226 of the Indian Contract Act is

inapplicable to negotiable instruments, and Section 27, Negotiable Instruments Act, is to the contrary effect, its restrictive portion being irrelevant in

the present connection. Radhakrishna Mudaliar v. Subraya Mudaliar 34 Ind. Cas. 849relied on by appellant, was decided with reference to the

execution of a Will and the special wording of Section �0, Indian Succession Act. It, therefore, lays down no general rule. We accordingly agree

with the lower Appellate Court that plaintiff is at liberty to prove the execution of the suit note by defendant''s authority and that the case must be

remanded in order that he may have an opportunity to do so. The appeal against order is dismissed with costs.