POLYPLAST INDUSTRIES Vs. SUKUMARAN PILLAI

JUDGEMENT

(1.) The plaintiff is the revision petitioner.

(2.) The counter claim set up by the defendant against the claim of the plaintiff was disputed by the plaintiff by filing a replication. The court below thereafter settled the issues. Two of the issues thus settled were considered and disposed of by the order under challenge.

(3.) On going through the order under challenge and the memorandum of revision it is clear that the two points argued before the court below are those covered by two issues: (1) whether the defendant has paid proper court fee on the alleged counter claim and (2) whether it is imperative for the plaintiff to make an application for an order excluding the counter claim from the purview of the suit