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In a suit to recover money, which claim can qualify for legal set-off under Order VIII rule 6 of the…

Rule 6 requires a suit for money and an ascertained sum recoverable from the plaintiff. It also requires the same character of the parties and compliance with the court’s…

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In a suit to recover money, which claim can qualify for legal set-off under Order VIII rule 6 of the Code of Civil Procedure, 1908? Assume the parties act in the same character and the amount is within the court’s pecuniary jurisdiction.

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Answer and explanation

Correct answer B

Rule 6 requires a suit for money and an ascertained sum recoverable from the plaintiff. It also requires the same character of the parties and compliance with the court’s pecuniary limits.

Option feedback

Option A

Legal set-off under rule 6 requires a sum already ascertained.

Option B

An ascertained monetary sum legally recoverable from the plaintiff satisfies the tested condition.

Option C

Delivery of property is not a claim for an ascertained sum of money.

Option D

The sum must be legally recoverable by the defendant from the plaintiff. A third party’s debt does not satisfy that condition.

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