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1942 Supreme(Mad) 73

ABDUR RAHMAN
S. T. K. M. Lakshmanan Chettiar – Appellant
Versus
Nalla Sevugam Servai alias Nalla Sivan Servai – Respondent


JUDGMENT

Abdur Rahman, J.

1. The only point which I have been invited to decide in this revision is one of limitation. The plaintiffs dealt in cinder while the defendant had a brick kiln of his own. Dealings started between them in 1927. They consisted in the purchase of cinder. The defendant borrowed cash as well from the plaintiffs occasionally. The last three items which are debited in the plaintiffs accounts to the defendant are:

1. Rs. 120 on the 28th July, 1936 for price of 20 carts, of cinder;

2. Rs. 20 on the 27th February, 1937 for money advanced in cash; and

3. Rs. 115-8-0 on the 20th July, 1938 for the price of 21 carts of cinder.

2. The plaintiffs were in need of money, it seems for purchasing some bulls and made a demand from the defendant on the 3rd March, 1938 for payment. Instead of paying cash in or towards the discharge of his account,, the defendant sold two bulls to the plaintiffs for a sum of Rs. 220. Bricks to the value of Rs. 19-10-0 had been sold by the defendant to the plaintiffs on the 13th April, 1935. The credit of these two items in the plaintiffs account led to the contention on their behalf that there was a mutual,, current and open account within the meani







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