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1984 Supreme(Online)(J&K) 3

JAMMU AND KASHMIR HIGH COURT
Dr. A. S. Anand, J.
Gupta Pvt. Loan Committee (M/s.) v. Moti Ram and Others


Table of Content
1. revision petition's facts and initial court order. (Para 1 , 2)
2. discussion on court fees related to set-off. (Para 3 , 4 , 5)
3. determination of claimant's plea type. (Para 6 , 7)
4. final ruling and direction for court fees payment. (Para 9 , 10 , 11)

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 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 had not paid the court - fee on the amount of set off claimed by him in the written statement, he co













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