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1971 Supreme(Mad) 275

SADASIVAM, V.RAMASWAMI
Sha Manmall Misrimall – Appellant
Versus
K. Radhakrishnan – Respondent


Advocates:
Himmatmal Mandia, for Appellant; S. Kuppuswami, for Respondent.

Judgement

V. RAMASWAMI, J.:- The plaintiff is the appellant. The suit was filed by the plaintiff firm for recovery of a sum of Rs.8562-12-3 with interest and costs. The case of the plaintiff was that from 18-5-1953 till 17-9-1956 the defendant had dealing with the plaintiff, which consisted of the plaintiff advancing moneys in respect of goods imported by the defendant under his licence. Such goods, when imported, would be sold by the defendant to the plaintiff for an agreed rate and the invoice of each was credited to the account of the defendant. The plaintiff further contended that the amounts advanced by the plaintiff to the defendant were agreed to be repaid with interest at 9 per cent, per annum. In respect of such amount, the plaintiff claimed that there was due and payable by the defendant a sum of Rs.7146-1-9 for balance of principal and Rs.1,416-10-6 for interest, aggregating to Rs.8562-12-3. The plaintiff pleaded that the suit was not barred by limitation by reason of adjustments of credits made towards prior amounts due, and by reason of the letters of acknowledgment dated 2-11-1956 and 21-12-1956.

2. The defendant contended that the statement of account filed along with









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