Ramesam, J.

1. This appeal arises out of a suit by Mr. Hitchcock, the District Superintendent of Police, South Malabar against five defendants for damages for libel, contained in a report issued in April-May, 1921, by them entitled - "Police Crimea in Ottapalem." The Sub-ordinate Judge gave a decree for Rs. 6,000. Only the 4th defendant, the only defendant who filed a written statement (in the proper sense of the term) and defended the case, appeals.

8. Mr. T.R. Ramachandra Iyer, for the appellant argued, at the outset, certain preliminary matters relating to the course of the trial in the Court below. The issues were settled on 15th February, 1922 and the case came on for trial on the 3rd April, 1922 to which day it was first posted. It is now argued (1) that the Subordinate Judge erred in refusing the adjournment prayed for by the 4th defendant on that day and in proceeding with the examination of plaintiffs witnesses; (2) that the Subordinate Judge ought to have recalled the plaintiff for cross-examination in June, the 4th defendant not having cross-examined him on the 3rd April; (3) that the Subordinate Judge ought to have framed the new issue applied for by the 4th defen