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JAMMU AND KASHMIR HIGH COURT
Mr. Balgotra, J
Gupta Pvt. Loan Committee (M/s.) v. Moti Ram and Others
| Table of Content |
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| 1. determining the facts of the case and the contentious order. (Para 1 , 2) |
| 2. clarifying the implications of court-fee on set-off claims. (Para 3 , 4 , 5) |
| 3. deliberation on the characterization of the plea raised. (Para 6) |
| 4. affirmation of lower court's order and responsibility of the defendant. (Para 7) |
| 5. concluding the dismissal of the revision and outlining steps forward. (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
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