Which of the following statements is not true with regard to a legal set-off claimed by a defendant…
Under Order VIII Rule 6(1) of the Code of Civil Procedure, 1908, a legal set-off may be claimed only in a suit for the recovery of money for an ascertained sum legally…
Choose your answer
Which of the following statements is not true with regard to a legal set-off claimed by a defendant under Order VIII Rule 6 of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer D
Under Order VIII Rule 6(1) of the Code of Civil Procedure, 1908, a legal set-off may be claimed only in a suit for the recovery of money for an ascertained sum legally recoverable that does not exceed the pecuniary limits of the court's jurisdiction, and both parties must fill the same character as they fill in the plaintiff's suit. The illustrations to Rule 6 show that defendants jointly sued cannot set off a debt due to only one of them, making "The sum of money must be recoverable by any defendant, if more than one." untrue.
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