The Magistrates' Courts (Northern Ireland) Order 1981 No. 1675 (NI. 26)

PART VI N.I. DEBT AND EJECTMENT PROCEEDINGS

Debt proceedings N.I.

Abandonment of so much of claim as is in excess of jurisdiction N.I.

64.—(1) A plaintiff whose cause of action is for a liquidated sum the amount of which is beyond the jurisdiction of a court of summary jurisdiction may abandon the excess and proceed for the balance of the claim and in such case the plaintiff shall forfeit the excess and shall not be entitled to recover it by any other proceedings whatsoever,

(2) A defendant shall have the like right in respect of his set-off or counterclaim.