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Which of the following is not correctly matched?
Question

Which of the following is not correctly matched?

A.

Presentation of plaint - Section 26; Order 4, Rule 1

B.

Interpleader suits - Section 88; Order 35, Rule 1

C.

Friendly suit - Section 90; Order 35

D.

Equitable set-off - Order 20, Rule 19(3)

Correct option is C


(a) Presentation of plaint - Section 26; Order 4, Rule 1
This is correctly matched. Section 26 of the Code of Civil Procedure (CPC), 1908, specifies that every suit must be instituted by presenting a plaint. Order 4, Rule 1 elaborates on how a suit should be instituted and emphasizes the necessity of presenting a plaint.
(b) Interpleader suits - Section 88; Order 35, Rule 1
This is correctly matched. Section 88 of the CPC refers to interpleader suits, where a party holding property is uncertain about the rightful owner and seeks the court's intervention. Order 35, Rule 1 provides the detailed procedure for filing interpleader suits.
(c) Friendly suit - Section 90; Order 35
This is incorrectly matched. Section 90 of the CPC relates to suits of a civil nature without dispute between the parties (friendly suits), where parties request a legal decision to confirm their rights. However, Order 35 pertains to interpleader suits, not friendly suits, making this combination inaccurate.
(d) Equitable set-off - Order 20, Rule 19(3)
This is correctly matched. Order 20, Rule 19(3) deals with equitable set-off, allowing a defendant to claim a set-off against the plaintiff in cases where there is a reciprocal liability.

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