First defendant in O.S. No. 999 of 1984 on the file of Principal Subordinate Judge, Salem, aggrieved by the decree for Rs.3,37,662-47 with interest thereon against all the defendants, preferred the above appeal before this Court.

2. The case of the plaintiff as set out in the plaint is briefly stated hereunder :- The plaintiff has been supplying yarn to the first defendant between 21-6-1982 and 12-4-1983. As on 12-4-1983 the sum due to the plaintiff from the first defendant was Rs.3,74,299.37. After subsequent payments, the ultimate balance due on account of the transaction is Rs.3,30,258-64. The plaintiff has been repeatedly writing letters to the first defendant to pay the amount and the first defendant has been sending amounts to the plaintiff. They sent a sum of Rs.86,793-39 on 31-8-1982, Rs.59,451-20 on 24-9-1982 and Rs.1,14,054.93 on 13-10-1982 and Rs.66,987-78 on 16-11-1982. On 17-12-1982 they had written a letter to the plaintiff mentioning their requirement for January, 1983. On 14-12-1982 they sent Rs.1,48,388-06 by demand draft. On 15-3-1983 the plaintiff wrote to the first defendant confirming the sending of a telegram as follows :-

"Upto February, 1983 Rs.3,