Additional Evidence -- Appellate Stage -- Recovery Suit -- Promissory Notes -- Part Payment Endorsements -- No Prejudice to Defendant
In a recovery suit based on promissory notes, where part payment endorsements appearing on the promissory notes were not marked as exhibits during trial, an application for adducing such additional evidence at the appellate stage is maintainable where no prejudice would be caused to the defendant by admission of such evidence -- Application rightly allowed--CPC, 1908, O.41, R.27. (Para 12)
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