UMMACHAKUTTI Vs. CUMMERKUTTI HAJI

JUDGEMENT

(1.) This appeal is argued on the ground that in setting the assignment aside the lower Courts should have given the defendants Nos. 2 to 6 a charge for Rs. 500, the amount of Exhibit III. We think that appeal ground No. 10 in the lower Appellate Court was intended to raise this point, and we are not prepared to assume that it was abandoned there. Whether defendants made any payment for Exhibit III, and whether they are entitled to a charge in virtue of it, are questions on which the lower Appellate Court must now submit findings, as regards the latter with reference to Palamalai Mudaliyar v. South Indian Export Co. La. 5 Ind. Cas. 33 : 33 M. 334 : 7 M.L.T. 167 : 20 M.L.J. 211: (1910) M.W.N. 239. The findings are due in six weeks; seven days will be allowed for SUng objections.

(2.) In compliance with the above order of this Court, the District Judge of South Malabar submitted the following.

(3.) Findings.--It is directed that findings. be returned on the questions