Uday Kumar
(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/-
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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