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1933 Supreme(Mad) 133

PAKENHAM WALSH
Appavoo Asary – Appellant
Versus
Sornammal Fernandez – Respondent


JUDGMENT

Pakenham Walsh, J.

1. The appellant brought the suit for payment for work done by him for the 1st defendants deceased husband Cruz Machado who was a merchant in Tuticorin. His case was that he was engaged by the 1st defendants husband to work in his salt pans and on some schooners, a bungalow, sheds, etc., and that he had settled accounts with Machado up to August, 1917. Further dealings began on the 10th of February, 1918 and went on during the lifetime of Cruz Machado who died some time in July, 1922. The plaintiff then approached the 1st defendant, his widow, who asked him to go on with the work and he did so till the 7th of March, 1923. There was a settlement of accounts between himself and the 1st defendant attempted by P. Ws. 2 and 3 from which nothing resulted. Consequently the suit was launched for the recovery of the amount due to the plaintiff and Rs. 2,736-4-11 was claimed as due.

2. The trial began on the 15th April, 1926, and was transferred to the Court of the District Munsif of Tuticorin and was taken up there on the 22nd June, 1926. The case was heard on the 23rd March, 1926, 29th June, 1926 and 10th July, 1926, by which time nine witnesses on the side of the




















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