Different between Set off and Counter Claim

 

Different between Set off and Counter Claim

Written by - shalini bishi

Introduction

Order 8 provides rules related to a written statement, counterclaim , set off. the law has many right with respect to protect the interest of citizen so that no injustice can occur. so that the doctrine of set off and counterclaim is available.

What is Set-off

The doctrine of set off defined in rule 6 order 8. set off means a claim set up against another.

If there is any situation where the plaintiff files a suit against the defendant for the recovery of money, but at the same time defendant also have some debt on the plaintiff so here plaintiff may claim for set off the amount. It’s is a cross-claim between the party to the suit regarding the recovery of money.

Essential of set-off

1-) The suit is for money recovery

2-) The defendants claim must be for a certain sum of money

3-) The money must be legally recoverable

4-) set off must not exceed the pecuriary limit of court

5-) Both plaintiff and defendant must fill the same character as they fill in the plaintiff claim.

Example A file suit and claim 20,000 rs from B, B state in his written statement that a decree passed against A, and A did not give 15,000 rs to B, so here court set off the case.

Counter Claim by Defendant

What is counter claim ?

Counter claim means a claim made by the defendant in a suit against the plaintiff.its a claim independent of and separable from the claim of the plaintiff.

It’s is cause of action against the plaintiff but in favour of the defendant. It’s is treated as plaint of the defendant against the plaintiff.

When to file a counter claim

1-) Before an after filling the suit, but

2-) Before the defendant has delivered his defendant or

3-) Before the time limited for delivering his defence has expired.

Ashok Kumar Kalra vs wing cdr, surender Agnihotri

The court shall permit the filing of the counterclaim only after the written statement is filled but not after the issue are formulated in some exceptional case counter claim can be filled even after the issue are framed as so as to prevent the institution of multiple proceeding.

Defence between Set off and Counter Claim

Set off:-

1-) Set off defined in rule 6 order 8 of CPC.

2-) Set off has 2 classification

1:- equitable set off

2:- legal set off

3-) Amounting of set off must be recoverable at the date of suit.

4-) Set off must arise out of the same transaction.

Counter Claim:

1-) Counter Claim is been defined in 6A-6G order 8.

2-) Counter Claim has no such classification.

3-) Whereas counterclaim must be recoverable at the date of the written statement.

4-) it’s need not to arise out of the same transaction.