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Counter claim / set off

(Querist) 17 April 2014 This query is : Resolved 
Dear Sir,

Court fee would be paid on Complete Counter Claim amount or just on Set off amount. i.e.
Counter Claim is for Rs. 160000/- and after considering Plaintiff claim of RS.70000/-

Please advise

Best Regards
Uday Kumar

Devajyoti Barman (Expert) 17 April 2014
court fees is to be paid on sett off amount.
ajay sethi (Expert) 17 April 2014
agree with Mr Burman
Dr J C Vashista (Expert) 18 April 2014
You are required to pay on the amount you have claimed in your counter-claim.
T. Kalaiselvan, Advocate (Expert) 18 April 2014
I agree that it is for the set off amount only.
Rajendra K Goyal (Expert) 18 April 2014
On amount claimed in your counter claim.
Anirudh (Expert) 18 April 2014
Dear Mr. Uday Kumar,
Pl. refer to Article 1 of Schedule I of the Court Fees Act, 1870. The said Article provides that "Plaint, written statement pleading a set-off or counter
claim or memoran dum of appeal (not otherwise provided for in this Act or of
cross objection presented to any Civil or Revenue Court except those mentioned in
section 3.

The making of a counter claim is tantamounting to institution of an indepen
dent suit for adjudication of the claim of the defendant. Not only court fee is paya
ble on the counter claim but the counter claim would remain unaffected by the withdrawal of the original suit evidently on the principle that the counter claim is a suit in itself. Further the court has always the power to direct a set off or counter claim being tried separately from the original suit.

Keeping these facts in view, the court fee is payable on the amount of counter claim, and certainly NOT ON THE AMOUNT OF SET OFF.
Dr J C Vashista (Expert) 18 April 2014
Very well explained by Mr. Anirudh.


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