M.M. Sundresh, J.

1. An interesting legal issue has arisen in this appeal touching upon the provisions contained in Order VII of Madras High Court Original Side Rules. As it is also imperative to analyse the facts, both the issues governing law and fact are discussed here under.

2. Background facts:

2.1. A summary suit was filed by the plaintiff under Order VII Rule 1 of the Original Side Rules read with Order XXXVII Rule 1 of Civil Procedure Code towards the recovery of a sum of Rs.1,84,58,710/- along with the interest.

2.2. The plaintiff has been running the business of supplying film shooting equipments. There was an agreement between the plaintiff and the defendant. The plaintiff's case is that supplies have been made to the defendant. The plaintiff maintained a running account in the name of the defendant. The defendant paid a sum of Rs.30,00,000/-(Rupees thirty lakhs only) on 07.05.2007, which was duly credited to his account. Thereafter, further services of the plaintiff were availed. A subsequent payment of Rs.5,00,000/- (Rupees five lakhs only) was made on 01.10.2007, which was also credited to his account.

2.3. It is the further case of the plaintiff that aft