4/19/2019 Set off and Counterclaim important differences under cpc - Lawnotes4u

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Set o and Counterclaim important di erences under cpc
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Set off and Counterclaim important differences under cpc Rule 6 and
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Set off and Counterclaim important differences under cpc 

Hi friends today we will discuss the important difference between set off and counterclaim.

Set off and Counterclaim distinction:-

The distinction between a set off and counterclaim is very

important and that's why it must be considered:-

1. Set of is defined under rule 6 order 8 of CPC whereas, Counterclaim

is defined or explained under rule 6A-6G of order 8,

2. Set off is two kinds, 1. Legal set off and 2. Equitable set off whereas, counterclaim has

no such classification or kinds,

3. Set off is a statutory defence to a plaintiff's action , whereas counterclaim is SEARCH THIS BLOG

substantially across action,

4. Set off must be for same transactions or it must be for an ascertained sum whereas a

counter claim need not arise out of same transaction, RECENT

5. The amount of set off must be recoverable at date of suit, whereas counter claim must
Bentham's theory
be recoverable at the date of written statement, Pleasure and Pain
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6. Set off is a ground of Defence to plaintiff’s action, as a shield, whereas the  April 17, 2019 

counterclaim is a weapon of offence, a sword, which enables the defendant to enforce Pure Theory of La
KELSEN
the claim against the plaintiff effectually as an independent action,
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7. when defendant demands in plaintiff’s suit an amount below or up to the suit claim, it
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Austin's theory of
is a set off strict sensu, but when it is for a large amount, the claim for excess
Commands of So
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amount is really a counterclaim,
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