- (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 "illegally and surreptitiously" continued to occupy some Railway quarters at Alipurduar junction, that a sum of rs. 3849. 49 p. was due to the defendant from the plaintiff for such illegal occupation of the quarters and that the plaintiff's "entire claim was found to be lawfully adjustable against the house-rents for his illegal and unauthorised occupation of the Railway quarters. . . . . . . . . . " On the statements as aforesaid the defendant claimed to set off against the plaintiff's demand the amount "still lying outstanding against the plaintiff" and prayed for a decree for Rs. 951. 75 P. as the difference between the two reciprocal claims recoverable from the plaintiff, though it is not clear how this figure was arrived at. The defendant paid Court fee on the aforesaid amount of Rs. 951. 75 paise.
(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: " (1) Where in a suit for the recovery of money, the defendant claims to set off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the court, present a written statement containing the particulars of the debt sought to be set off. (2) The written statement shall have the same effect as a plaint in a cross-suit so as to enable the court to pronounce a final judgment in respect of both the original claim and of the set off; but this shall not affect the lien, upon the amount decreed, of ary pleader in respect of the costs payable to him under the decree. (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a claim of set off". ;