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Which of the following in respect of 'set-off' is correct?
Question

Which of the following in respect of 'set-off' is correct?

A.

Set-off can be claimed in a suit for recovery of money.

B.

The amount claimed under set-off must be an ascertained amount.

C.

The amount claimed under set-off must be legally recoverable and not barred by the Limitation Act.

D.

All these.

Correct option is D

Under Order VIII Rule 6 of the Code of Civil Procedure, 1908 (CPC), a set-off can be claimed by the defendant in a suit for the recovery of money under the following conditions:

  1. It can only be claimed in a suit for the recovery of money (Option A).
  2. The claim under set-off must be an ascertained sum of money (Option B).
  3. The amount must be legally recoverable and not barred by the Limitation Act, 1963

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