S. C. AGRAWAL, J.

( 1 ) THIS revision petition has been filed by the defendant Fatehlal, against the order dated 11th July, 1979, passed by the District Judge, Udaipur, in Civil Suit no. 129/1978, filed by respondent Sunderlal, against the petitioner for the recovery of Rs. 21,080/- (Rs. 15,500/-by way of principal amount and Rs. 5580/-on account of interest thereon), on the basis of certain cheques and promissory notes executed by the petitioner in favour of the respondent during the period from 7th October 1973, to 26th May, 1975. The said suit was filed on 16th of October 1978 under Order 37, of Civil P. C. In the suit aforesaid, the respondent has stated that after the execution of the aforesaid cheques and promisory note the petitioner had entered into an agreement on 26th October 1975, whereby he acknowledged the debt payable by him and agreed to pay the said amount in instalments. After the receipt of the notice in the said suit, the petitioner moved an application under Order 37 Rule 3 (5) C. P. C. , for the grant of leave to defend the suit. The said application was accompanied by the affidavit of the petitioner. In the said application as well as in the affidavit