In a suit for recovery of money, what does legal set-off under Order VIII, rule 6 of the Code of Civil…
Legal set-off lets a defendant in a money suit claim credit for an ascertained sum legally recoverable from the plaintiff. The parties must act in the same capacities as in…
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In a suit for recovery of money, what does legal set-off under Order VIII, rule 6 of the Code of Civil Procedure, 1908 allow a defendant to do?
Answer and explanation
Correct answer B
Legal set-off lets a defendant in a money suit claim credit for an ascertained sum legally recoverable from the plaintiff.
The parties must act in the same capacities as in the plaintiff’s suit, and the sum must be within the court’s pecuniary jurisdiction.
Option feedback
Option A
Legal set-off is a procedural claim. A repayment agreement made for that purpose is unnecessary.
Option B
The defendant may assert an ascertained sum legally recoverable from the plaintiff against the money claim, subject to the rule’s conditions.
Option C
The sum must be legally recoverable by the defendant from the plaintiff. A debt to a third party lacks that mutuality.
Option D
A sum that is merely expected to become due does not meet the requirement of legal recoverability.
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