R.N. Mittal J. - (1.) This revision petition has been filed by the defendant against the order of the Subordinate Judge 2nd Class, Ambala City dated Nov. 19, 1979.
(2.) Briefly, the facts are that be plaintiff Instituted a suit for recovery of Rs. 4,000 as arrears of rent and interest regarding a house situated in Ambala City. The defendant contested the suit and inter alia pleaded that he had incurred expenses for water meter, security, repairs et cetera and he was entitled to the adjustment of that amount. During the pendency of the suit, the defendant made an application for amendment of the written statement. The application was dismissed holding that it was not in proper form. The learned Court further held that the defendant was liable to pay court-fee on the sum of Rs. 5,658.61 which had been claimed by him by way of adjustment. He has come up in revision against that order
(3.) It is contended by the learned counsel for the petitioner that an issue as to whether the amount claimed by the defendant amounts to adjustment or set off has been framed by the trial Court and that issue has to be decided by it along with the other issues. He submits that while dismissing the application for amendment the Court could not order the defendant to pay court fee on the amount.;