Law: Court Fees Act, 1870

Section: Sch.1,Art.1

Set-off (equitable)-Claimed by defendant way of damages-Whether Court-fees payable on amount claimed­--Court Fees Act (II of 1872) Sch.1, Art. 1. Neither on principle nor on authority is there any warrant for .the plea that an equitable set-off is immune from payment of Court-fee. The provision of Article. 1, Schedule I of the Court Fees Act must be held to cover it. [Case-law referred to.] ORDER M. KHURSHID ZAMAN, J.-This appeal arises out of a suit filed by the appellant against the respondents for the recovery of Rs. 10,907-9-6 as arrears of price of ice sold by the former to the latter. The relevant facts are these. On the 20th March 1948, the parties entered into an agreement whereby the defendants undertook to purchase from the .plaintiff 100 blocks of ice each weighing 31 maunds daily at the rate of Rs. 7 per block from the Ist April 1948 to the 30th September 1948. The price of 100 blocks of ice was to be paid daily whether the defendants took delivery of the agreed quantity or not. Another term of the agreement required the purchaser to deposit Rs. 5,000 as security for the due performance on their part of the terms of the agreement. It was further provided that if the defendants failed to perform their obligations in the terms of the agree­ment, the amount of the security would stand forfeited. The defendants deposited the amount of the security with the plaintiff and from 1st April to the 7th April 1948 took delivery of 100 blocks of ice daily against payment. On the 8th April 1948 the defendants finding it no longer possible to take delivery against payment, approached the plaintiff for accom­modation in this matter. The plaintiff acceded to this request and thereafter payment was made on account. The plaintiff's case is that the defendants removed 100 blocks of ice daily till the 26th May 1948, that on the 27th and 28th May they removed only 27 and 26 blocks respectively and thereafter the defendants discontinued to remove any ice, that the price of the ice actually supplied to the defendants from the 1st April to the 28th May came to Rs. 41,878-1z-0 and that the defendants had paid Rs. 29,900 in all towards the price of the ice sold to them,…

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