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In which of the following cases a Set Off can be claimed? I. A owes the partnership firm of 'B' and 'C'…

Under Order 8 Rule 6 of the Code of Civil Procedure, 1908 a set-off may be claimed only for an ascertained sum of money legally recoverable. In case I, C can set off the…

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In which of the following cases a Set Off can be claimed?

I. A owes the partnership firm of 'B' and 'C' Rs 1000/-. B dies leaving C surviving. A sues C to a debt of Rs. 1500/- due in his separate character. C wants to set off the debt of Rs 1000/-.
II. A sues B for Rs. 20,000/-. B wants to set off the claim for damages for breach of contract for specific performance.

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Answer and explanation

Correct answer A

Under Order 8 Rule 6 of the Code of Civil Procedure, 1908 a set-off may be claimed only for an ascertained sum of money legally recoverable. In case I, C can set off the firm's debt of Rs 1000 against A's claim of Rs 1500, but in case II a claim for unliquidated damages for breach of contract is not an ascertained sum, so the answer is "I only".

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