( 1 ) -IN this revision petition the primary question is whether a suit under Order 37 Civil Procedure Code. could be filed on the basis of an "acknowledgment".

( 2 ) THE plaintiff respondent filed of suit of recovery for a sum of Rs. 49,956 along with interest on account of loan advanced and written acknowledgment of liability by the defendant.

( 3 ) ACCORDING to the case of the piainiff the respondent, gave a statement of account indicating balance amount of Rs. 59. 859. 50 lor the financial year 1986-87. the respondent acknowledged the same by signing it. Interest of Rs. 7,422. 50 was paid in July 1987 and Rs. 8,081 in April 1989 by the petitioner. The defendant made another written acknowledgment of the amount payable by it to the plaintiff showing that Rs. 75,363 was due against the defendant on 31 March, 1989. On demand the defendant paid Rs. 20,500 on 29th July, 1989 leaving a balance of Rs. 42,927. 50. The petitioner claimed this amount along with interest at the rate of 18 per cent from 29 July, 1989 till 30th June, 1990 and filed a suit under Order 37 Civil Procedure Code.

( 4 ) THE acknowledgment has not been disputed by the petitioner/ defendant except