R. BALASUBRAMANLAN, J.

( 1 ) THERE was one suit namely, O. S. No. 9 of 1983 on the file of the Sub-Court at Cuddalore. That suit was filed to recover a sum of Rs. 96,820/-made up of Rs, 49,995/-towards principal and the balance sum towards interest. The suit was decreed on merits by the learned Trial judge by judgment dated 18. 10. 1985. Under the decree the plaintiff gets a sum of Rs. 46,060/-only together with interest at the rate of 6% p. a. thereon as against the claim made by him in the plaint. Aggrieved over that portion of the claim in respect of which the plaintiff was non-suited, the plaintiff is before this Court in A. S. No. 108 of 1986, to which the defendant in that suit is the respondent. Aggrieved over that portion of the decree which was passed against the defendant, the defendant is before this Court in A. S. No. 858 of 1986 as the appellant therein and the plaintiff in that suit is the respondent in this appeal. It is the correctness of the judgment referred to above in the original suit, that is being questioned in these two appeals. In this order the parties to the proceedings will hereinafter be referred to as the plaintiff and the defendant.

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