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.
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.
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