1. A short cut may often prove to be a wrong cut and the learned Subordinate Judge, in this case, in attempting a short cut in disposing of an appeal, has clearly made a wrong cut with the result that I am constrained to send the case back to the lower appellate court for a fresh disposal of the appeal on the merits. It is doubtful whether the lower courts should dispose of cases on mere points of law set up as a preliminary bar to the suit, without taking the pains to record findings on the other issues, so that in the second appeal there may be a final disposal of the whole case without driving the parties to a prolongation of the litigation by a remand, in the event of the High Court taking a different view on the question of law.

2. The plaintiff, who is the appellant before me, brought a suit for recovery of certain sums of money due on accounts from the defendant, setting out a contract for sawing of the defendant's timber at certain rates in the plaintiff's mill. The defendant admitted that his timber was sawn in the plaintiff's mill, but, according to his version, more sums were due to him from the plaintiff and so, be made a counter claim for a larger sum. The t