Cpc,1908-set off concept

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G.Jagan Mohan (Querist)

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)

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)

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)

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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