Ismail, J.- A. S. No. 408 of 1967 has been preferred by the defendant in O. S. No. 50 of 1965 on the file of the Court of the Subordinate Judge of Devakottai. The respondent in that appeal instituted the suit for recovery of a sum of Rs. 17,566.16, as per vaddi chittai filed along with the plaint, with subsequent interest. According to him, the appellant and the respondent had an open, mutual and current account between them at Shanmughanathapuram and they carried on the said dealings from 16th April, 1953 to 3rd December, 1953 on which date the amount due by the appellant to the respondent was Rs. 12,000. Under the agreement, interest on the respective amounts had to be calculated and added to the principal at the end of each Tamil year at the prevalent rates of interest. His further case was that the rate of interest at the outset, was at nine annas per centum per mensem, that it was later on increased to ten annas per centum per mensem from 16th April, 1956, that it was 11 annas per centum per mensem from 17th April, 1958 and that finally it was 12 annas per centum per mensem from 16th April, 1960 and that these rates of interest followed the prevalent increases of bank rates in

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