1. This is an appeal filed by the first defendant in O. S.70 of 1974 of the Subordinate Judge's Court, Quilon, challenging the decree and judgment passed therein.

2. The first respondent herein filed a suit against the appellant (first defendant) and his son, the second respondent (second defendant) for recovery of Rs, 36,994/- from them. The first defendant was a contractor. Second defendant was involved in the business conducted by the first defendant and it is alleged, they used to borrow money from the plaintiff for the purpose of their business. On 29-2-1972, there was settlement of accounts between the parties at the office of pw. 5, an advocate of Quilon in the presence of advocates pws. 4 and S and an auditor Ayyappan Pillai and the amount due to the plaintiff was fixed at Rs. 45,000/-. The defendants issued two post dated cheques for Rs. 10,000 and 35,000/-bearing dates 31-3-1972 and 31-5-1972, drawn by the second respondent and signed and delivered by the first defendant, Since the amounts due were not paid on or before the dates shown in the cheques, the plaintiff presented the cheques for collection and the cheques were dishonoured and the defendants were dul