Gokul Prasad, J.:— The sole point argued before us at present in this appeal is whether the lower Court was or was not justified in taking additional evidence after the case had been argued before it and a date fixed for judgment. No reasons are recorded by the judge for admitting such evidence except what he says in the judgment.
2. It appears from a perusal of the record the case was argued on the 23rd of August, 1918, and the 30th of August was fixed for delivery of judgment. For some reason or other the learned Judge of the Court below examined the plaintiff on the 27th of August, for which we see no justification. It is not the business of the appellate Court to supplement the evidence adduced by one party or another in the Court below; There is admittedly no application on the record to show the any of the parties wanted to produce additional evidence. Under these circumstances we think the deposition of the plaintiff dated the 27th of August, 1918, should be deleted from the record and the case decided on the materials as they stand after this has been done. There seems to have been no proper trial of the appeal in this sense. We therefore set aside the order of the Court below and send back the case to the Court for being re-admitted on its original number and dispose of according to law. Costs here and hitherto will abide the event.
Stuart, J.:— While concurring in the order of my learned senior Colleague I wish to note the provisions of Order 41; Rule 27 might have been invoked in support of the action of the learned Additional Judge of the lower Appellate Court had he recorded his reasons for admission of the additional evidence, but as he did not do so the provisions of the rule had no application.
3. Appeal decreed.