ORDER :- The legal representatives of the first defendant who died during the pendency of the suit in O. S. No. 117 of 1968 on the file of the court of the District Munsif of Nagapattinam are the petitioners. The plaintiff-respondent filed the suit for recovery of a sum of Rs. 896-30 on the foot of dealings had by him as a maligai merchant. On the foot of the accounts maintained by the plaintiff said to be in the usual course of business, he claimed a sum of Rs. 751-25 from the first defendant when he was alive for dealings between 1-4-1957 and 24-4-1965. He claimed interest at six per cent per annum on the balance so struck by him in his books of account. The first defendant admitted the dealings, but pleaded that a portion of the claim in any event is barred by limitation. The learned District Munsif found that the suit having been filed on 8-3-1968, transactions referable to a period of three years prior to such institution alone were in time and he accordingly decreed the suit for a sum of Rs. 27/- with proportionate costs and dismissed the balance of the claim. On appeal, the learned District Judge reversed the decision of the learned District Munsif and held that the account

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