'A' filed a suit for recovery of Rs. 10 lakhs against 'B'. It was B's case that 'A' owed him Rs.20…
A legal set-off must involve a legally recoverable sum, and a counterclaim remains subject to limitation as an independent claim. On the given facts, B cannot enforce his…
Choose your answer
'A' filed a suit for recovery of Rs. 10 lakhs against 'B'. It was B's case that 'A' owed him Rs.20 lakhs but 'B' had not filed a suit to claim the said amount as the limitation period had expired. Which of the following is true?
Answer and explanation
Correct answer A
A legal set-off must involve a legally recoverable sum, and a counterclaim remains subject to limitation as an independent claim. On the given facts, B cannot enforce his already time-barred debt by either ordinary route. A's suit does not revive B's cause of action. No connected-transaction facts supporting an equitable set-off are supplied.
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