Set off and Counterclaim important differences under cpc
Set off and Counterclaim important differences under CPC Rule 6 and Rules 6A to 6G of order 8 cpc
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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 off 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 substantial a cross action,
4. Set off must be for the same transactions or it must be for an ascertained sum whereas a counterclaim need not arise out of the same transaction,
5. The amount of set-off must be recoverable at the date of suit, whereas counterclaim must be recoverable at the date of the written statement,
6. Set off is a ground of Defence to plaintiff’s action, as a shield, whereas the counterclaim is a weapon of offence, a sword, which enables the defendant to enforce the claim against the plaintiff effectually as an independent action,
7. when the defendant demands in plaintiff’s suit an amount below or up to the suit claim, it is a set off strict sensu, but when it is for a large amount, the claim for excess amount is really a counterclaim,
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