Annamaly Chettiar V. Thronhill

1935 Present: Garvin S.P.J, and Maartensz J.

ANNAMALY CHETTIAR v. THORNHILL.

215-D. C. Ratnapura, 4,687.

    Account stated-A settlement of accounts-No evidence of cross-accounts- Period of limitation-Ordinance No. 22 of 1871-Civil Procedure Code, s. 192.

A settlement of accounts between two parties, where in respect of their dealings one party always remains the debtor, and there is no evidence of cross-dealings between them, is an account stated within the meaning of section 8 of the Prescription Ordinance.

Section 192 of the Civil Procedure Code reserves the power of the Court to award interest in respect of any period prior to the institution of the action only where the right has been secured by agreement or is recognized in law.

APPEAL from a judgment of the District Judge of Ratnapura.

H. V. Perera, for defendant, appellant. Keuneman (with him Gratiaen), for plaintiff, respondent. February 6, 1935. GARVIN S.P.J.-

By its decree in this case the Court awarded the plaintiff judgment for the sum of Rs. 54,365.44, with legal interest thereon from June 2, 1927, till payment in full and also his costs of action. The defen

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