Cpc,1908-set off concept

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G.Jagan Mohan (Querist)
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07 November 2011 Please explain me the concept of set-off(Legal,Equitable & counter claim) in civil procedure code,1908 along with a small example.

Thanks & Regards,
Jagan Mohan

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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21 November 2011 Set Off is legal claim of defendant of an ascertained sum Demanded before first hearing.

In Counter Claim Defendant may set a counter claim in addition to set-off, for a cause of action before submission of defence.

Equitable Set Off is similar to set-off claim is of unascertained sum.

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G.Jagan Mohan

G.Jagan Mohan (Querist)
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25 November 2011 Sir,
Can u give me a example for this please..

Thanks & Regards,
Jagan Mohan

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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05 December 2011 A sells Goods worth rs 100,000/- to B and B sells goods worth rs 20000/- to A. If A sues B for his bill, B can claim "set-off"

If A sells defective goods to B hence B suffers some loss, then B can reject payment to A and also claim his loss as "counter claim"

In first illustration if amount of goods sold by B is not ascertained, it is called equitable set off

Regards

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