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1934 Supreme(Rang) 46

DUNKLEY
P L N K L Chettyar Firm – Appellant
Versus
Ko Lu Doke – Respondent


JUDGMENT

Dunkley, J - This case has had an unfortunate history. As originally filed in the Township Court of Pyu it was a simple suit on a mortgage and should have reached judgment in due course within a few months of its institution, but owing in part to ignorance and carelessness! on the part of the pleaders concerned, but mainly in consequence of gross carelessness and lack of attention to his duties on the part of the learned Township Judge, it was pending for two and a half years, and was then extremely badly tried, and, in fact, even at that stage it seems probable that no decision would have been reached had not the parties themselves given up the hops of getting the ease tried and decided not to examine their witnesses. The decision of the Township Judge was taken on appeal to the District Court, and the learned District Judge has pointed out most of the errors of law, practice and procedure, committed by the Township Judge, and has corrected them, with the result that the decree of the District Court, as it appears now before me, on the face of it affords a correct decision of the original suit. The judgment and decree of the District Court have been attacked before me on b

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