R. RAJESWARI Vs. M/S. KANTHASAMY TRADERS, COTTON MERCHANT, NO.17, KRISHNASAMY NAIDU PETTAI, DINDIGUL, REP. BY ITS MANAGING PARTNER K. SHANMUGAM, S/O. N.M. KANTHASAMY CHETTIAR

JUDGEMENT

(1.) The defendant in the suit in O.S. No. 305 of 2004 is the appellant in the above appeal. The respondent herein, as plaintiff, filed the suit for recovery of a sum of Rs.5,42,276.00 with interest at the rate of 12% against the appellant.

(2.) The case of the respondent in the plaint are as follows :

(3.) The suit was contested by the defendant by filing a written statement. In the written statement, the defendant admitted the transaction between the plaintiff and defendant. It is the specific case of the defendant that the last date on which cotton was sold to the defendant was on 07.10.1997. The defendant also admitted that the husband of Mrs. Rajeswari, the proprietrix of the defendant, gave a letter to the plaintiff on 22.07.1998. It was further contended that after 22.07.1998, there was no transaction between the plaintiff and defendant and the suit claim is therefore barred by limitation by the expiry of three years from the date of last payment which was made on 07.06.1998.