P. Bhavadasan,J.

1. Two suits, namely, O.S. 23 of 1984, which was a suit for recovery of money and O.S.134 of 1984, which too was a suit for recovery of a debt due to the Bank were jointly tried and disposed of by a common judgment. O.S. 23 of 1984 was dismissed and O.S. 134 of 1984 was decreed. O.S. 134 of 1984 was by the fourth defendant in O.S. 23 of 1984 was directed against the plaintiff and three others including the Insurance Company, who is the third defendant in O.S.23 of 1984. O.S.23 of 1984 was to recover money on the basis of an insurance policy issued by the third defendant in the suit. A.S. 647 of 1994 arises out of the judgment and decree in O.S.23 of 1984 and A.S.331 of 1996 arises from O.S.134 of 1984. Since O.S.23 of 1984 was treated as the leading case, parties and facts are referred to as they are available in the said suit.

2. "Santhoshkumar", a fishing vessel owned by the plaintiff in O.S.23 of 1984, hypothecated to the fourth defendant Bank, and insured with the third defendant, hit the bottom of the sea on 21.4.1981. The plaintiff, on the terms of the insurance policy, laid a claim for money due on the policy. The Insurance Company repudiated the cl