M.C. BHUCHO MANDI Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 25th January, 1997, passed by Civil Judge, Bathinda. By this order, the learned Civil Judge has held that the counter-claim of Rs. 50,000/- made by defendant/respondent is only a claim of adjustment and no court fee is required on a plea of adjustment.

(2.) NOTICE of this petition was issued to the respondent. Mrs. Jarnail Kaur appeared on behalf of the respondent on 11th November, 1997 and on her request, the case was adjourned to 15.12.1997. On 15th December, 1997, none appeared on behalf of the respondent and the case was adjourned to 27th January, 1998. On 27th January, 1998, the case was adjourned for today but none has appeared on behalf of the respondent though the case has been called out second time after a pass over was given. In view of these facts, I proceed to dispose of this petition.

(3.) AFTER hearing the learned counsel for the petitioner and having perused the impugned order, I am of the opinion that the impugned order cannot be sustained. As held by this court in the case of Munshi Ram (supra), when the defendant claims in a suit an amount excess over the amount claimed by plaintiff, the claim of the defendant has to be considered as counter-claim. The observation in the aforesaid case was based on a decision of the Kerala High Court reported in Gobindiji Jevat and Co. v. Kachana Spinning and Weaving Mill, AIR 1968 Kerala 31. I fully agree with the observations of this Court in the above-mentioned case.