Whether plaintiff should value his appeal on the basis of combined valuation of the plaint and counterclaim where both suit and counter-claim are dismissed?

 Where both suit and counter-claim are dismissed, the subject-matter of the appeal would be the plaint. Hence valuation would be as per the valuation of the plaint and Court fee as payable on the plaint; would be as due and payable thereon. The plaintiff cannot be made to value his appeal on the basis of the combined valuation of the plaint and counterclaim, in respect of which he makes no claim. {Para 48}.

IN THE HIGH COURT OF BOMBAY AT GOA

Writ Petition No. 283 of 2006

Decided On: 05.03.2007

Teofilo Barreto Vs. Sadashiva G. Nasnodkar and Ors.

Hon'ble Judges/Coram: V.C. Daga, J.

Citations: 2007 (4) BomCR 830, 2007 (6) MhLj 1, MANU/MH/0637/2007.

Read full Judgment here: Click here.

Print Page