- (1.) The plaintiffs filed a money suit against the defendants for recovery of a sum of Rs. 2,39,000/-. The defendants in their written statements filed a counterclaim, thereby claiming a sum of Rs. 1,26,000/- from the plaintiff appellants. The learned trial Court, at the conclusion of trial, dismissed the plaintiffs' suit and decreed the defendants' counter-claim against the plaintiffs for a sum of Rs. 91830/- along with interest @ 18% p.a. With effect from 19-10- 2000 on which the notice Ex. 12 was issued, till filing of thv written statement and @ 12% p.a. after filing of written statement till realisation of the amount.
(2.) The plaintiff-appellants challenged the above judgment and decree dated 5-3-2000 of filing first appeal before this Court, with the prayer that plaintiffs' suit be decreed and the counter-claim of the defendants be dismissed with costs throughout.
(3.) During pendency of the appeal, the defendant-respondents have filed an application under Order 7, Rule 11, CPC with the allegation that the plaintiffs have not paid court-fee on the counter-claim and have paid court-fee only on the amount of Rs. 2,39,000/- sought to be recovered from the defendants. The plaintiffs have filed reply to this application and have stated that they are not required to pay court-fee on the amount of counter-claim.;