Venkataraman, J.- This is an appeal by the plaintiff whose suit has been dismissed by the learned Subordinate Judge of Pudukkottai on a preliminary point that the suit is not maintainable. The allegations in the plaint are, briefly, that the plaintiff’s father was running a money-lending business at Colombo under the name and style of A.S. f^. @i.) Money-lending Firm, that the defendant was an agent in that firm and was also having dealings of his own and was carrying on his business. On 16th June, 1961, when the accounts of the defendant were taken, the sum owed by the defendant to the plaintiff’s father’s firm was settled at Rs. 15,000. The defendant agreed to pay the said debt after the expiry of two years, and, in view of the close relationship between the parties, a low rate of interest was fixed, namely, two annas per Rs. 100 per month. To evidence the agreement he executed what the plaintiff styles as a ‘voucher’. After the death of the plaintiff’s father, the plaintiff became entitled to collect the debt and he, therefore, filed the suit on the original cause of action and consideration.

2. The defendant admits that he supervised the money-lending firm at Colombo carried on

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