R.S.A No. 36 of 2004 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M No.8991 of 2007 and R.S.A No. 36 of 2004 Date of decision : November 26 , 2008 Darshan Singh, ...... Appellant. through Mr.A.S.Syan, Advocate v. Jasvir Singh @ Jaspreet Singh, ...... Respondent through Mr.Hitesh Sood, Advocate for Mr.Harsh Aggarwal, Advocate CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against concurrent judgments of the Courts below decreeing the recovery suit filed by the respondent/plaintiff. During the trial, the case set up by the appellant was that he had returned the entire borrowed amount before the Panchayat as well as the Sarpanch but he could not establish this fact. Before the learned lower appellate Court, an application for additional evidence was filed, by which two receipts in the amount of Rs.26500/-, allegedly executed by the respondent, were sought to be proved. The said application was (rightly so in my opinion) rejected by the learned lower appellate Court on the ground that the ingredients of Order 41 Rule 27 of the CPC were not met, and that R.S.A No. 36 of 2004 (O&M) ::2:: the evidence sought to be now led was contrary to the case set up in the written statement and in the evidence before the Courts below. Consequently, the appeal of the appellant was dismissed by the learned lower appellate Court. Learned counsel for the appellant has not been able to persuade me that the findings of the Courts below are vitiated since the loan and the pronote were admitted by the appellant and his plea was of repayment. He has, however, urged that future interest @ 9% was excessive. I find myself unable to agree with this contention also. Consequently, I hold that the questions of law proposed do not arise in this appeal. The appeal is, therefore, dismissed with no order as to costs. ( AJAY TEWARI ) November 26 , 2008. JUDGE `kk'