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. Estate, Devakottai. The appellant was appointed Receiver by this Court on 30th September, 1959, pending disposal of A.S. No. 223 of 1959. The promissory note was admittedly executed by the first respondent on 5th July, 1946, for a sum of Rs. 10,000 borrowed from the estate at its Madurai branch. On 1st July, 1949, there was a payment of Rs. 250. On 14th June, 1952, there was a further payment of Rs. 2,ooo by bank draft sent by the first respondent from Ipoh, with a covering letter. The suit was instituted on 3rd September, 1960. By an amendment of the plaint, another payment of Rs. 1,000 by a similar draft from the first respondent from Ipoh dated 21st June, 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 be