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Judgment
Das, J.—The only question is whether the learned Judge in the Court below should have considered the village note which was filed by the appellant. Admittedly it was not filed in the Court below and the learned Judge considered the question whether he should admit additional evidence in this case. It may be conceded that both under the general law and under Order 41, Rule 27 the Court may for a substantial cause admit additional evidence in appeal, but the question is one of discretion. No sufficient cause was shown by the appellant why additional evidence should be taken in appeal.
In my opinion it is impossible to interfere with the judgment of the Court below and this appeal must be dismissed with costs.
Foster, J.
I agree.