Sadasiva Aiyar, J.

1. The plaintiff is the petitioner in revision. He brought this Small Cause Suit in the Nilgri Subordinate Judges Court for tb.2 salary due to him from 1st April 1908 to 20th March 1909 at Rs. 18/-a month or Rs. 216/-a year. His engagement was for one year from 1st April 1908 to 31st March 1909. The Subordinate Judge has found that the plaintiff left the defendants service without justification on 20th March 1909. He also found that though the salary-was fixed at Rs. 18/-a month, the engagement was for one full year and his salary was agreed to be payable in a lump sum of Rs. 2l6/-at the end of the year. On these findings he held that according to the rule of law established by English decisions and followed in Dhumee Behara v. Sevenoaks (1886) I.L.R. 13 C. 80, the plaintiff lost all right to wages for the 11 months and 20 days during which he actually worked. The principle of the rule as stated in the English cases is that the contract must be deemed an entire indivisible contract and the performance of the services for the whole time agreed upon was in the nature of a condition precedent to the right to recover even a portion of the wages.

2. "It is a gen