J U D G M E N T

A.S.452/01 is preferred against the judgment and decree passed by the Subordinate Judge, Mavelikkara in O.S.20/93. A.S. 385/01 is an appeal preferred the judgment and decree in O.S.265/91 of the Subordinate Judge, Mavelikkara. O.S.265/91 is a suit filed by the plaintiff to declare that the cheque issued by him is invalid in law as it is executed by fraud, undue influence, coercion etc. and that it is not supported by consideration.

2. The defendant in the said suit has filed a civil suit for realisation of the amount which is covered by that cheque. Both the cases were tried jointly and the learned Subordinate Judge dismissed the suit which contained the prayer for cancellation of the cheque and granted a decree in favour of the plaintiff in O.S.20/93 who had filed a suit for realisation of the amount.

3. The brief facts of the case are necessary for proper appreciation of the matter. The plaintiff and defendant are relatives. It is the case of the plaintiff in O.S.20/93 that the defendant was in need of money and he had advanced a sum of Rs.49,000/- in the year 1988 and also handed over him 48 gms. of gold for the purpose of pledging to raise some more amount. Therea