NEW VICTORIA MILLS CO. LTD Vs. MAHESH COMPANY

JUDGEMENT

(1.) JUDGEMENT This is an appeal by the New Victoria Millls Co. Ltd. defendant, against the order dated 3-2-1962 of the II Additional Civil Judge of Kanpur, holding that the adjustment of an amount of Rs. 22,375 pleaded in the written statement amounted to a claim of set off on which ad valorem court-fee was payable. The defendant was thereupon called to make Rood the deficiency in court-fee.

(2.) NOTICE of the appeal has also been given to the Standing Counsel.

(3.) THE defendant Company do not appear to have seriously challenged the claim of Rs. 32,632-63 N.P. as principal money but claim adjustment of two amounts. It was pleaded that after such adjustment was made a sum of Rs. 1267-63 N.P. was due to and was payable to the plaintiff which the defendant Company was always ready and willing to pay against proper receipt of discharge.