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1974 Supreme(Mad) 319

RAMAPRASADA RAO, MAHARAJAN
N. Ethirajulu Naidu – Appellant
Versus
K. R. Chinnikrishnan Chettiar – Respondent


Judgement

MAHARAJAN, J. :- The defendant appeals. The suit out of which the appeal arises was laid by Chinnikrishnan Chettiar, the plaintiff, against the appellant Ethirajulu Naidu for the recovery of a sum of Rs. 9850 allegedly due on an account stated by the plaintiff and signed by the defendant on 80-5-1964. In the plaint, it was alleged that the defendant borrowed from the plaintiff a sum of Rs. 7000 agreeing to repay the same with interest at 12 per cent per annum thereon. According to the plaint, on 30-5-1964, the plaintiff demanded from the defendant the repayment of Rs. 8330 representing Rs. 7000 on account of principal and Rupees 1330 on account of interest. On the date of demand, 30-5-1964, the defendant is alleged to have paid a sum of Rs. 500 towards interest and demanded an account, whereupon an account stated was prepared then and there by the plaintiff. The defendant after verifying the same put his signature to it on the same day, 30-5-1964. It was further alleged in the plaint that on 30-3-1965, the defendant paid a further sum of Rs. 500 towards interest, but failed and neglected to pay the balance. Hence the suit.

2. The defendant in his answer denied that he ever






























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