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1978 Supreme(Raj) 172

D.P.GUPTA
Bansidhar Rameshwar Dass & Co. – Appellant
Versus
Asraf Ali Ramzan Ali – Respondent


JUDGMENT

1. - These two revision applications have been filed by the defendant against two orders passed by the learned District Judge, Pali dated November 17, 1977. By the first order the learned District Judge held that the pleas raised by the defendant in paragraphs 5, 6 and 7 of the Additional Fleas of his written statement amounted to set off within the meaning of Order 8, Rule 6, Code of Civil Procedure & the defendant should pay court fees in respect of the amounts claimed by him in the aforesaid three paragraphs. By the second order passed by the learned District Judge on the same case issue No. 14 was modified and instead of the word 'adjustment', the words 'sat off' were substituted in the issue as originally framed.

2. I have heard learned Counsel fir the parties and hive also looked into the pleadings of the parties. So far as the averments made in paragraphs 6 and 7 of the additional pleas of the written statement of the defendant are concerned, if is no longer in dispute between the learned Counsel that the pleas raised therein are by way of defence and not by way of set off. Para 6 relate to the rate at which the processing charges were payable and the plea taken by t








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