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1966 Supreme(Mad) 370

VEERASWAMI, KRISHNASWAMY REDDY
S. Ramachandra Iyer – Appellant
Versus
RM. M. A. Annamalai Chettiar – Respondent


Advocates:
R. Setharama Sastry, for Appellant; V.V. Raghaven and M. Naganathan, for Respondents.

Judgement

VEERASWAMI, J. : The appellant brought the suit, out of which this appeal arises, for recovery of Rs. 13,118-75 due on a promissory note, inclusive of interest, to AL. VR. ST. Estates, Devakottai. The appellant was appointed Receiver by this court on 30-9-1959, pending disposal of A. S. 223 of 1959. The promissory note was admittedly executed by the first respondent on 5-7-1946 for a sum of Rs. 10,000, borrowed from the Estate at its Madurai Branch. On 1-7-1949, there was a payment of Rs. 250. On 14-6-1952, there was a further payment of Rs. 2000 by bank draft sent by the first respondent from Ipoh with a covering letter. The suit was Instituted on 3-9-1960 By an amendment of the plaint, another payment of Rs. 1000, by a similar draft from the first respondent from Ipoh dated 21-6-1955 was set up. It was specifically asserted In the plaint that this sum was received in part payment of the debt. The first respondent filed a counter-affidavit opposing the amendment. But, there he merely mentioned that he did not admit the allegation that such a payment was made. The additional written statement filed by the first respondent was in no better terms. But, in the evidence, it wa







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