counter claim and set-off

Ladhu Ram Chowdhary (Querist) 25 August 2010 This query is : Resolved
In money suit ,defendant claim set- off up to the claim put forth by plaintiff and futher ,claim decree for money over and above that claim by way of counter claim. Whether he can be permitted to do so and how much fee will be charged ?

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s.subramanian (Expert) 25 August 2010
Yes. It can be done. The court fee on counter claim will be as it is paid on the plaint.

Adinath@Avinash Patil (Expert) 25 August 2010
yes he can be permitted

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 August 2010
I will just add to that.

Sett off is counter to the claims of the plaintiff by defendent.

Counter claim is entirely defferent form of attack. It can be less, equal or more than the claims of the plaintiff and in case of sucess a seprate decree will be issued .

But in case of sett off on sucess it will be adjusted to the claim of the plaintiff and if found more than a decree in favour of defendent for defference.

SENTHILKUMAR.S (Expert) 25 August 2010
I ENDORSE WITH SHRI.SHASHILKUMAR. COUNTER-CLAIM CAN BE SET EVEN WITH A CASE DIFFERING FROM THE ALLEGATIONS IN THE PLAINT. WE CAN ADD OR LESSEN THE PARTIES IN THE COUNTERCLAIM. A DECREE WILL BE DRAWN ON ALLOWING THE COUNTER-CLAIM. SET-OFF IS PERFECTLY DESCRIBED BY SHRI.SHASHILKUMAR.

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