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Assume a civil court and a written statement pleading legal set-off fall within the scope of Schedule…

Order VIII Rule 6(2) gives a written statement pleading legal set-off the effect of a plaint in a cross-suit. Schedule I, Article 1 of the central Court-Fees Act, 1870…

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Assume a civil court and a written statement pleading legal set-off fall within the scope of Schedule I, Article 1 of the central Court-Fees Act, 1870. How is that written statement charged?

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Answer and explanation

Correct answer A

Order VIII Rule 6(2) gives a written statement pleading legal set-off the effect of a plaint in a cross-suit.

Schedule I, Article 1 of the central Court-Fees Act, 1870 covers a written statement pleading set-off presented to a court within that entry’s scope, subject to applicable exceptions.

Option feedback

Option A

Article 1 expressly covers a written statement pleading a set-off.

Option B

The Act expressly includes this type of written statement in the charging entry.

Option C

The schedule prescribes the fee under the conditions stated in the question.

Option D

The charging entry concerns the pleading presented, irrespective of whether it ultimately succeeds.

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