C. V. N. SASTRY, J.

( 1 ) THE question, which arises for consideration in this C. R. P. relates to the Court fees payable by the defendant in the suit in respect of adjustment/set off/counter-claim pleaded in the written statement. Undisputably if the claim made by the defendant in the written statement merely amounts to a plea of payment or adjustment of the suit claim, no Court fees is payable. On the other hand, if it amounts to a set off or counter-claim, Court fees is required to be paid in view of Section 8 of the A. P. Court Fees and Suits Valuation Act, 1956 which provides that the written statement pleading a set off or counter-claim shall be chargeable with fee in the same manner as a plaint. For a proper appreciation of the question involved, it is necessary to refer to the factual matrix.

( 2 ) THE plaintiff/company appointed the defendant/firm as its consignment agent by agreement dated 5-1-1990 for distribution and sale of its products in the State of Andhra Pradesh. By a notice dated 30-11-1993, the plaintiff terminated the said agreement with effect from 31-12-1993. According to the plaintiff, the termination was, however, postponed till 31-3-1994 at the request of t

Click Here to Read the rest of this document