In a suit for recovery of money, what does a legal set-off under Order VIII rule 6 of the Code of Civil…
In a money suit, Order VIII rule 6 allows a defendant to plead an ascertained sum legally recoverable from the plaintiff against the plaintiff’s demand. The sum must be…
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In a suit for recovery of money, what does a legal set-off under Order VIII rule 6 of the Code of Civil Procedure, 1908 allow the defendant to claim?
Answer and explanation
Correct answer B
In a money suit, Order VIII rule 6 allows a defendant to plead an ascertained sum legally recoverable from the plaintiff against the plaintiff’s demand. The sum must be within the court’s pecuniary limit and the parties must act in the same respective capacities.
Option feedback
Option A
That is an execution-related allowance, not a set-off of mutual claims.
Option B
Subject to the rule’s other conditions, the defendant may claim adjustment of an ascertained sum legally recoverable from the plaintiff.
Option C
The profits described are associated with mesne profits, a separate concept.
Option D
A legal set-off concerns a debt owed by the plaintiff, not reimbursement from the registry.
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