N. KUMARAYYA, C. J.

( 1 ) THIS appeal arises out of a suit brought against the appellant herein for recovery of amounts together with interest thereon alleged to have been advanced to him by way of accommodation on two occasions for which separate receipts were obtained. The suit was registered on 13-9-1963. On 5-10-1963 which was the date fixed for the appearance of the defendant, the 3rd Additional Judge, City Civil Court at Secunderabad set the proceedings against him ex parte as he did not enter appearance in spite of service of summons and fixed the date for plaintiffs evidence as 9-10-1963. The plaintiff was the lone witness and the suit was decreed on that very day. Later the defendant applied for setting aside the ex parte decree by filing I. A. 489 of 1963 which was allowed. He filed his written statement on 14-2-1964 wherein he denied that any amount was advanced to him either on 29-10-1960 or 30-11-1960 by way of loan or any interest was agreed to be paid thereon. He did not, however, deny the receipts, which showed that the amounts were received "on account". He stated that the plaintiff had suppressed the true facts and circumstances under which the said receipts came

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