NARAYAN DUTT Vs. SUBHASH CHANDER

JUDGEMENT

(1.) This Civil Second Appeal is directed against a Judgement and decree dated 30.8.2000 passed by Addl. District Judge Reasi. Both the courts below have returned concurrent findings on factual issues like status of the appellant, (declared him to be a licencee). The only question of law which seemed to be substantial to the court was one formulated on 14.9.2000 as under :- "Do the provisions of counter claim by defendant contemplated in Rule 6-A of Order 8 C.P.C. also relate to suits which are not money suits?".

(2.) Mr. S.S. Lehar appearing for the appellants, has painstakingly dwelt upon the general principle laid down by Rule 6 of Order 8 C.P.C. which relates to "set off". According to him this rule relates to money suits only and even after incorporation of Rules 6A to G, which came into force with effect from 15.8.1983, the principle of set off does not undergo any change and must relate to money suits only. In that behalf he has laid much stress on Rule 6F (supra). He has tried to impress upon the following expression of Rule 6F : "And if any balance is found due to the plaintiff or the defendant, as the case may be, the Court may give judgement to the party entitled to such balance".

(3.) He articulately tried to suggest that the word "balance" must connote a money balance only and cannot be perceived with respect to any immovable property like the one involved in the present suit.