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…
Choose your answer
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.
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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