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'A' and 'B' sue 'C' for recovery of Rs. 1,000. 'C' has a debt due to him by 'A' alone. Here 'C' can -
Question

'A' and 'B' sue 'C' for recovery of Rs. 1,000. 'C' has a debt due to him by 'A' alone. Here 'C' can -

A.

set off the debt against 'B'

B.

set off the debt against 'A'

C.

set off the debt against 'A' and 'B' both

D.

cannot set off a debt due to him by 'A' alone

Correct option is D


'C' cannot set off a debt due to him by 'A' alone when both 'A' and 'B' are suing him jointly. Set-off requires that the debts be mutual and between the same parties, and thus, the debt between 'A' and 'C' cannot be set off against a joint claim made by 'A' and 'B'.
Information Booster
Set-off under Order VIII, Rule 6 of the CPC allows a defendant to claim a set-off only when there is a reciprocal debt between the same parties. Since 'B' is not a debtor to 'C', set-off cannot be claimed against a joint suit by 'A' and 'B'.
Additional Knowledge
· Set-off: A legal mechanism allowing debts between two parties to be adjusted against each other.
· Joint suits: In joint suits, claims must relate to all parties involved, and individual debts cannot be set off in such cases.

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