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Court fee- counter claim

(Querist) 03 April 2013 This query is : Resolved 
Sir,
Can a defendant pay court fee in part towards his counter claim? Eg. He is supposed to pay Rs.4000/- but has paid Rs 2000/- and submits to pay the rest after final order/completion of the OS. Can he do so? Please guide.(if possible with Ref/citation)
Devajyoti Barman (Expert) 03 April 2013
Yes, court fees is to be paid for counterclaim.
Vidhi Joshi (Expert) 03 April 2013
No, it has to be paid in-toto.
Devajyoti Barman (Expert) 03 April 2013
Court fees is to be calculated on the amount of counter claim only but it has to be paid at the time of filing the pleading.
You may file deficit court fees but once the court directs to file the deficit amount in time, your failure to file the same in due course of time may lead to rejection of your pleading.
R.K Nanda (Expert) 03 April 2013
no more to add.
Raj Kumar Makkad (Expert) 03 April 2013
Such installment facility cannot be provided to him as per law.
AAVADHOOT. D (Querist) 04 April 2013
Thanks all experts for your valuable replies.
prabhakar singh (Expert) 04 April 2013
Q'He is supposed to pay Rs.4000/- but has paid Rs 2000/- and submits to pay the rest after final order/completion of the OS. Can he do so? '

ANSWER:IS NO
Raj Kumar Makkad (Expert) 04 April 2013
Most welcome from your side.


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