1936 (5) TMI 16

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....is is a petition for revision of the order of the Judge, Small Cause Court, Lahore, decreeing a suit for recovery of Rs. 149. The plaintiffs sued for recovery of this sum on account of fees due to him as a director of the defendant Company. The defendant Company pleaded that a sum of Rs. 147-14-3 was due to the Company from the plaintiff on account of interest due on calls on plaintiff's shares wh....

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....alance of Rs. 3-14-3 was due to the defendant. The defendant was, there, claiming only the latter sum and not Rs. 147-14-3. The case seems to be analogous to that reported in Bhagat Singh v. Devi Dial (85 P.R. 1918). The learned Counsel for the defendant is not pressing the claim for Rs. 3-14-3. I am, therefore, of opinion, that no Court-fee was necessary on the written statement. The next point ....

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.... that there was any agreement between the parties that the claims were to be adjusted as they are alleged to have been. The only point therefore, which requires consideration is whether there are any special circumstances connecting the debts which would justify the adjustment. The learned Counsel for the petitioner urged that the plaintiff being a director of the Company and the interest being du....

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....f money due on account of unpaid calls with interest. The plaintiff then delivered to the Company a bill of costs and also moved the Court for an injunction restraining the defendant Company from proceeding with the resolution for forfeiture of shares. The Court, however, held that the plaintiff had no right to the set off. The present case seems to me to be analogous and I am, therefore, of opin....