SUDHIR KUMAR DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was a railway guard in the employment of N. F. Railways and he brought the suit out of which this Rule arises for recovery of a sum of Rs. 2830. 09 paise claimed as arrears of salary and other dues from the defendant-opposite party. In the written statement the defendant Union of India stated, inter alia, that from 1st of August 1962 to 1st of January 1967, the Plaintiff

(2.) ON the claim of the defendant questions arose as to whether the court below had the pecuniary jurisdiction to try the question of set off in this case and whether the court fee paid by the defendant was sufficient. Two additional issues were framed, Nos. 9 and 10, to cover the aforesaid questions of jurisdiction and court fee and the learned munsif by his order dated 30th June, 1968 held that the court had jurisdiction and the court fee paid was adequate on the view that the amount relevant in this connection was rs. 951. 75 paise, the figure in excess of the plaintiff's demand. The instant Rule was issued at the instance of the plaintiff against the said order.

(3.) BROADLY speaking the plea of set off is one to obtain credit for the amount due to the defendant in a suit brought by the plaintiff to recover a sum of money from the defendant. The law as to set off is contained in O. 8, Rule g of the Code of Civil Procedure which is in the following terms: