WALTER MITCHELL Vs. AKTENNENT

JUDGEMENT

(1.) By consent the evidence which has been adduced before me is to be treated as evidence in both suits subject to the extent to which the evidence or any part thereof may be relevant to particular issues in either of the two suits.

(2.) The matters in controversy arise out of a dispute relating to an alleged order given by Tennent to Mitchell to back a horse called "Better Hope" at the Barrackpore Races on the 2nd April, 1923. I take Colonel Tennent's suit first.

(3.) The claim in this suit is to recover the sum of Rs. 9,000, being the balance of a sum which it is alleged was received by Mitchell as the proceeds of a bet made by Mitchell on behalf of Tennent, the residue Rs. 11,000, having been paid on the 4 April, 1923, by Mitchell to Tennent. There is an alternative claim to recover Rs. 20,000 under an alleged agreement set out in the plaint.