Rajiv Sahai Endlaw, J.

1. Does a cheque presented for payment to the bank after the death of the drawer and returned unpaid for the reason of death, ceases to be a cheque for a suit under Order 37 CPC to be maintainable thereon. This question inter-alia arises for consideration in this application for leave to defendant.

2. The three plaintiffs instituted the suit under Order 37 of the CPC for recovery of the total principal sum of Rs. 22,65,000/- together with pre-institution interest at 18% per annum amounting to Rs. 71,720/-, total Rs. 23,36,721/- and further together with pendente lite and future interest at 18% per annum against the three defendants on the basis of three dishonoured cheques. The plaintiffs No. 1&2 are pleaded to be the sons of the plaintiff No. 3. It is the case in the plaint (i) that the plaintiffs were having friendly relations with Shri Anil Kumar Malik the deceased husband of the defendant No. 1 and father of the minor defendants No. 2&3; (ii) that the said Shri Anil Kumar Malik was working as Development Officer with LIC and had got agency of LIC in the name of the wife of the plaintiff No. 2 also; (iii) that during the long relationship of twent