Law:

Section:

(a) Specific Relief Act (1 of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.VIII, R.6 & O.XX, R.19---Suit for declaration that plaintiff having deposited specified amount in defendant Bank's London Branch, he was entitled to deduct that amount from the decrees which had been passed in favour of defendant in earlier suits (in which it was plaintiff while he himself was defendant)---Earlier suits were compromised wherein plaintiff had neither claimed set off of specified amount nor claimed adjustment thereof---Effect---Right to make counterclaim would not be admissible as the same did not fall within ambit of O.VIII, R.6, C.P.C. or qualify as equitable set off---Nature of claim of plaintiff to the extent of specified amount was neither in the nature of set off nor of counterclaim--­Plaintiff was precluded from claiming adjustment of specified amount in execution proceedings of those suits which had been decreed against him on basis of compromise wherein he did not claim either set off or adjustment of that amount while `'making statement admitting- claim of defendants in those suits. Asmy Trading Company, Karachi v. Shahdara Pioneer Cooperative Multipurpose Mill Society Ltd. Lahore PLD 1975 Kar. 209; Muhammad Akbar Khan v. Province of West Pakistan PLD 1961 SC 17; Muhammad Sama Mondal v. Muhammad Ahmad Sheikh and others PLD 1963 Dacca 816; Sailendra Narayan Bhanja Deo v. The State of Orissa AIR 1956 SC 346; Shankar Sitaram Sontakke and another v. Balkrishna Sitaram Sontakke and others AIR 1954 SC 352; Syed Naimat Ali and 4 others v. Dewan Jairam Dass and another PLD 1983 SC 5 and Government of Pakistan v. S.M. Hasan and another 1992 MLD 1810 ref. (b) Specific Relief Act (1 of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art.85---Suit for recovery of balance due---Limitation---In case of mutual, open and current account suit for recovery of balance due on such account, was generally governed by Art. 85, Limitation Act, 1908. Muhammad Naeem Butt v. Allied Bank of Pakistan, Peshawar PLD 1985 SC 298 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 20, Expln. 11---Plaintiff's account 'in defendant's Bank branch at London---Plaintiff filing suit…

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