( 1 ) THE unsuccessful plaintiff in O. S. No. 180/85 on the file of I Additional subordinate Judge, Visakhapatnam is the appellant and the defendant is the respondent.

( 2 ) FOR the purpose of convenience, the parties will be referred to as "plaintiff" and "defendant", as arrayed in the original suit.

( 3 ) THE plaintiff instituted the suit for recovery of amount. The allegations made in the plaint are as follows: the plaintiff and defendant are contractors as they were doing contracts under the Urban Development Authority. Their works are adjacent to each other. At the request of the defendant, the plaintiff advanced monies to the defendant from 1983 and a total sum of Rs. 3,35,150. 00 was given by the plaintiff to the defendant from time to time. The defendant was making part-payment. After striking the balance, a sum of Rs. 2,09,250. 00 was found due by 21-3-1985 and the defendant gave a cheque for Rs. 79,250. 00 on 21-3-1985 and the same was realised from the Bank and again on 23-3-1985 the defendant gave another cheque for the balance of Rs. 1,30,000. 00 and when the plaintiff presented a cheque at the bank, it was dishonoured. Therefore, the plaintiff is ent