J C GALSTAUN Vs. WCHUTCHISON

JUDGEMENT

(1.) The plaintiff has brought this suit to recover Rs. 58,932-1-3. In his plaint he alleges that from and after the 28th August 1905, he and the defendant had various monetary dealings; that the defendant from time to time made various part payments on account of principal and interest: that on the 1st September 1908 the account was adjusted and stated between the plaintiff and the defendant showing a balance of Rs. 45,039-9-3 due to the plaintiff and the same was admitted and signed by the defendant as correct; that thereafter further dealings took place; and that there is now due and owing from the defendant to the plaintiff Rs. 58,932-1-3.

(2.) The plaint was instituted on the 6th of July 1911, and, as provided by Order VIII, Rule 1, the defendant was required to present a written statement of his defence.

(3.) The defendant entered an appearance through his Attorney, but he failed to present a written statement.