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In a suit for recovery of money, what may the defendant claim by way of legal set-off under Order VIII…

Order VIII rule 6 permits the defendant in a money suit to plead an ascertained sum legally recoverable from the plaintiff as set-off. The amount must be within the court’s…

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In a suit for recovery of money, what may the defendant claim by way of legal set-off under Order VIII rule 6 of the Code of Civil Procedure, 1908, subject to its other conditions?

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Answer and explanation

Correct answer B

Order VIII rule 6 permits the defendant in a money suit to plead an ascertained sum legally recoverable from the plaintiff as set-off. The amount must be within the court’s pecuniary jurisdiction and the parties must fill the same character in both claims.

Option feedback

Option A

A future negotiation is not an ascertained, legally recoverable debt.

Option B

This choice identifies the cross-demand authorized by Order VIII rule 6, subject to the rule’s conditions.

Option C

An unassessed sum against a stranger fails both the ascertainment and party requirements.

Option D

This reverses the direction of the defendant’s cross-demand against the plaintiff.

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