Site navigation

In a suit for recovery of money, the parties act in the same capacities in the claim and the proposed…

For legal set-off under Order VIII, Rule 6, the suit must be for recovery of money. The claim for set-off must be for an ascertained sum that is legally recoverable from the…

Choose your answer

In a suit for recovery of money, the parties act in the same capacities in the claim and the proposed legal set-off. Which conditions must the defendant also satisfy under Order VIII, Rule 6 of the Code of Civil Procedure, 1908?

I. The sum is ascertained.

II. The sum is within the court's pecuniary jurisdiction.

III. The defendant can legally recover the sum from the plaintiff.

Select one answer
Answer and explanation

Correct answer D

For legal set-off under Order VIII, Rule 6, the suit must be for recovery of money. The claim for set-off must be for an ascertained sum that is legally recoverable from the plaintiff and within the court's pecuniary limits.

The parties must also act in the same capacities as in the plaintiff's suit.

Option feedback

Option A

This omits legal recoverability from the plaintiff.

Option B

This omits the court's pecuniary limit.

Option C

This omits the requirement of an ascertained sum.

Option D

All three conditions follow from Order VIII, Rule 6, along with the premises stated in the question.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic