JUDGMENT Maclean, C.J. - This rule must be made absolute. The Plaintiff sues the Defendant for a sum of Rs. 360 for money advanced. In a business book of the Plaintiff, the Defendant acknowledged his liability for that amount, by signing his name in the book, over an eight-anna stamp. The sum was arrived at upon an adjustment of account between the parties. The Plaintiff has put that entry in evidence in support of his claim. The indebtedness is admitted by the Defendant, and primd facie then the Plaintiff must succeed. It is however contended that, because there is an entry in the book interpolated, as it is said between the figures showing how the Re. 360 were arrived at and the signature of the Defendant, of certain words relative to the payment of a very small sum, as interest upon the Rs. 360, and as the Judge of the Court of Small Causes has found that these words were interpolated after the Defendant had signed the book, such subsequent entry about the interest vitiates the force of the entry which is admittedly genuine and which constitutes a clear acknowledgment of indebtedness for the Rs. 360. He has consequently held that the Plaintiff is not entitled to recover even the sum which the Defendant has acknowledged to be due from him, viz., the Rs. 360. I should hesitate before I arrived at such a conclusion. We are told that it is in accordance with the law in England and also in this country and we have been referred to certain cases [Gogun Chandra Ghosh v. Dhuronidhur Mundul ILR 7 Cal. 616 (1881) Christa Charlu v. Kariba-sayya ILR 9 Mad. 399 (1885) and Atmaram v. Umed Ram ILR 25 Bom. 616 (1901)] in support of that contention. But those cases proceed upon the principle that where a Plaintiff sues, say upon a bond, which he has materially and fraudulently altered, such alteration vitiates the whole instrument, and he cannot, consequently, recover upon it. I do not quarrel with these cases, but the present is essentially different. 2. The Plaintiff is not suing upon any instrument which he has fraudulently altered : the acknowledgment as to the indebtedness of Rs. 360 has not been altered or tampered with : and the entry in the book is only put in as an acknowledgment of the Defendant's liability. 2. The Plaintiff is not suing upon any instrument which he has fraudulently altered : the acknowledgment as to the indebtedness of Rs. 360 has not been altered or tampered with : and the entry in the book is only put in as an acknowledgment of the Defendant's liability. No reliance is placed upon the entry as to interest, nor is any interest asked for. 3. The authorities discriminate between the cases in which the altered document is the foundation of the claim, and those in which it is only used as evidence, e.g., by way of acknowledgment of a debt. I may refer to the case of Atmaram v. Umed Ram ILR 25 Bom. 616 (1901). But it seems unnecessary to pursue this further, for here the acknowledgment as to the Rs. 360 has not been altered : it stands precisely as it did when the Defendant signed it. The rule, therefore, must be made absolute and there will be a decree for Rs. 360 without interest. The Petitioner will be entitled to his costs of this rule which we assess at 3 gold mohurs.