This appeal arises out of a suit on a mortgage. The suit mortgage, was executed by the first defendant on 23rd July, 1951 for Rs. 6,000. The plaintiff alleged that the first defendant paid Rs. 2,000 towards the mortgage on 30th July 1953, but had not paid the balance. The first defendant claimed that in addition to the sum of Rs. 2,000 mentioned by the plaintiff, he had made another payment of Rs. 2,000 on 10th March, 1958 and had endorsed it on the mortgage. He also contended that a promissory note for Rs. 1,250 executed by him in favour of the plaintiff on 29th January, 1957 was also towards the interest due on the suit mortgage. The plaintiff filed the suit on a registration copy of the mortgage alleging that he had lost the original. Both the Courts below have found that the loss pleaded is not true. They have also found that the second payment of Rs. 2,000 pleaded by the first defendant was true and that the promissory note for Rs. 1,250 had nothing to do with the suit mortgage. But the trial Court dismissed the suit holding that no secondary evidence could be let in regarding the contents of the suit mortgage. The lower appellate Court on the other hand has taken the