Civil Procedure Code 1908 Set-off, Counter – Claim, Equitable Set-off Here, we will learn a few terms of the Civil Procedure Court, 1908. Set – Off, Counter – Claim and Equitable Set – Off : Set – Off: Set Off is dealt under Order 8 of Rule 6 of the Civil Procedure Code, 1908. It is a defense mechanism to a sum of money owed. It is a form of a cross – suit. Legally, it is termed as reciprocal acquittal to of debts between both the parties i.e. between the plaintiff and the defendant. It eliminates or extinguishes the claim of the plaintiff to the extent of the sum of the money claimed by the defendant as a counter claim. In simple terms, it means when 2 parties owe money to each other but 1 among the two parties owe more money than the other than that party pays the net amount and settles the money owed. Under Order 8 of Rule 6, where in a suit a defendant claims for the recovery of money to set off against the plaintiff’s demand...
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