( 1 ) THE respondent was the plaintiff in the court below who had filed the suit for recovery against the appellant herein for a sum of Rs. 6,97,524/- under Order xxxvii of the Code of Civil Procedure, 1908. Leave to defend was given to the appellant and, therefore, appellant filed the written statement contesting the suit. The decree has been passed in favour of the respondent herein along with interest and costs.

( 2 ) THE case set-up by the respondent was that he had supplied the shuttering material to the appellant from time to time under agreement dated 20. 11. 1995 for its project at Gaon Rampurphool, Bhatinda, Punjab. This material was supplied to the appellant at his godown through invoices/challans and the material returned by the appellant was accounted for. The payments given by the appellant, from time to time, were also give due credit. A balance of rs. 6,97,524/- was outstanding which the appellant had failed to pay despite repeated demands. According to the respondent, the appellant had even failed to pay the costs of unreturned goods and was, thus, liable to pay for that as well. It was stated that last payment of Rs. 50,000/- was received on 1. 4