Govinda Menon, J.-The plaintiffs in O.S. No. 118 of 1946 on the file of the Sub-Court, Madurai, are the appellants in Appeal No. 127 of 1952 and the plaintiff in O.S. No. 31 of 1950 on the file of the same Court is the appellant in Appeal No. 933 of 1952.

The subject-matter of these two suits related to cross-claims and as such in this judgment the plaintiffs in O.S. No. 118 of 1946 who are the defendants in O.S. No. 31 of 1950 will be known as the plaintiffs-appellants and vice versa the defendant in O.S. No. 118 of 1946 who is the plaintiff in O.S. No. 31 of 1950 will be known as the defendant-respondent. The facts which have given rise to these proceedings can be summarised shortly in the following way: There were five contracts evidenced by Exhibits A-1 to A-5 entered into between the parties by which on the whole 133 bales of cotton yarn were agreed to be purchased by the plaintiffs for which purpose a sum of Rs. 10,560-8-0 was advanced to the defendant. On the ground that the defendant did not deliver the goods contracted for the plaintiffs have filed O.S. No. 118 of 1946 for the return of the advance amount with interest thereon totalling to Rs. 12,404-15-3. The defendant on

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