1. This revision petition is directed against the order of the District Judge Jammu dated 2-9-1980 and has arisen in the following circumstances : Respondent No. 1 filed a suit for recovery of Rs. 24,948/- as the installments contributed by him towards the Chit Fund Scheme started by the defendant - petitioner. The defendant-petitioner in the written statement inter alia averred that the plaintiff had stood surety for some other members of the Chit Fund scheme who after having received definite amounts stopped paying the installments and, therefore, the defendant-firm adjusted the amount due to the plaintiff against its own claim against the defaulters for whom the plaintiff had stood surety as also against some arrears due from the plaintiff. The plaintiff submitted before the trial court that since the defendant bad not paid the court fee on the amount of set off claimed by him in the written statement, he could not be heard on that plea. The following preliminary issues were raised in the case:

1. Whether defendant No. 1 can claim set off without paying court on the amount of set off? OPD

2 Whether the suit is bad for misjoinder of the parties and causes of action ? OPD 2 to 4.

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