( 1 ) THE revision petitioner is the defendant in the suit O. S. No. 3608 of 1998. The respondent herein is the plaintiff, who laid the said suit for recovery of an amount of rs. 59,090. 25 ps. The suit was filed invoking summary jurisdiction under Order 37 of the civil Procedure Code (for short the Code ). The basis for the suit claim was that the plaintiff orally agreed to carry out the construction work at the defendant s house on labour contract basis. As per the terms of the contract, the defendant should supply the material for construction and the plaintiff should engage the labourers for such construction work. Accordingly, the plaintiff carried out the construction work and prepared a statement of account for the work done. As per the statement arrived at between the plaintiff and the defendant, the defendant agreed to pay a sum of rs. 1,87,589. 25 ps. and further agreed to pay 10% more of the said amount working out to Rs. 18,758. 00. After deducting the amounts paid by the defendant, still he was due to the tune of Rs. 59,090. 25 ps. for which ultimately the plaintiff laid the suit.

( 2 ) PURSUANT to the summons served upon him, the defendant appeared