JUDGMENT.- The plaintiff in O.S. No. 299 of 1968 on the file of the Court of the Subordinate Judge of Coimbatore is the appellant herein. The appellant instituted the suit against the defendant for recovery of the sum due under Exhibit A-1 promissory note, dated 17th April, 1964 for Rs. 10,000 executed by the respondent in favour of the appellant. The suit was decreed as prayed for with costs, but with interest as per the Madras Act IV of 1938. In the appeal the only question that is raised is whether the respondent was entitled to the benefits of the Madras Act IV of 1938. This question has been dealt with by the learned Subordinate Judge in paragraph 10 of his judgment under additional issue. This question was raised by the respondent by way of an additional written statement filed by him. The learned counsel for the appellant relies on an affidavit filed by the respondent herein on 26th August, 1969 wherein he stated that he had been given notice of assessment in which the income from his wife’s property was included and that he had appealed against the same and he was likely to succeed. The learned counsel for the appellant contends that in the light of this admission of the re

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