VIKRAMAJIT SEN, J.

( 1 ) THE brief facts of the case are that the Revisionist had filed a suit for the recovery of Rs. 1,60,000/- and for mandatory injunction. This Suit was decreed by a Judgment dated 14. 5. 2001, the operative part of which reads thus:-

"in view of the above discussion, I hold that the plaintiff has successfully proved its case against the defendant. The suit of the plaintiff is decreed in its favour and against the defendant. A decree for recovery of Rs. 1,60,000/- along with interest @ 18% per annum from the date of institution of the suit till realisation of decretal amount is passed in favour of the plaintiff and against the defendant. Another decree for mandatory injunction is also passed in favour of the plaintiff and against the defendant directing the defendant to return to the plaintiff the original cheque No. 910243 dated 16. 12. 1999 for Rs. 1,39,544/- drawn on State Bank of India, Jaipur. Costs of the suit are also awarded in favour of the plaintiff. DECREE SHEET be drawn accordingly. File after necessary compliance be consigned to record room".

( 2 ) THE Decree Holder became aware of the fact that the cheque in respect of which the Defendant had been

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