DEIVANAI AMMAL Vs. P K R ATHMARAM

JUDGEMENT

(1.) PLAINTIFF in O.S.No. 391 of 1978 on the file of Additional District Munsif, Court, Srivilliputhur is the appellant.

(2.) SHE filed a suit for recovery of a sum of Rs. 3,877.60 being the balance of value of handloom cloth purchased by defendants on credit basis, on 24.10.1977 from the plaintiffs shop at Rajapalayam on agreeing to pay the same with interest at the rate of 12% p.a. as per trade usage and custom.

(3.) THE 2nd defendant filed a written statement and the 1st defendant has adopted the same. THE necessary averments in the written statement are as follows:- It is denied as false that the defendants are doing business in handloom clothes and that they purchased handloom clothes on 24.10.1977. It is equally incorrect to state that these defendants were directly purchasing goods from the plaintiff. THE plaintiff has deliberately suppressed the truth and brought out this speculative suit. THE following