( 1 ) THIS revision petition filed under Section 115 cpc is filed by the petitioner, which is plaintiff in the suit assailing the order of the Commercial Civil judge dated 28. 11. 1998 by which he had allowed the application of the respondent (defendant) filed under order 37 Rule 4 CPC and had set aside a decree passed under Order 37 Rule 2 CPC.

( 2 ) BRIEFLY, the facts are that the petitioner/ plaintiff filed a civil suit for recovery of the price of the floods supplied to the defendant by invoice no. 635 dated 9. 6. 1994 for Rs. 33,948. 00 plus compound interest with monthly rests @ 5% over and above 18% per annum from 11. 6. 1994 to 10. 5. 1997 amounting to Rs. 35,302. 00 making the total amount outstanding to Rs. 69,250. 00. It was alleged that the amount due was not paid despite service of the notice of demand.

( 3 ) THE summons prescribed in Form 4 of Appendix B of cpc was served on the defendant which failed to enter appearance in accordance with Order 37 Rule 3 (1) CPC. The court accordingly allowed the claim of the plaintiff and passed a decree for recovery of Rs. 69,250. 00 alongwith cost and compound interest with monthly rest @ 5% over and above 18% per