AIBE XIII — December 2018 — Q.16 (Code of Civil Procedure, 1908)

Q.16

Code of Civil Procedure (CPC) Medium Knowledge-Based

Bare Act Code of Civil Procedure, 1908 · Order VIII Rule 6

In which of the following cases, can C set- off the claim?

A A sues C on a bill of exchange for Rs.500/-, C alleges that A has wrongfully neglected to insure C’s goods and he is liable to pay compensation

✓ A sues C on a bill of exchange for Rs. 500/, C holds a decree against A for recovery of debt of Rs. 1000/- Answer

C A sues Band C for Rs. 1000/-, the debt is due to C alone by A.

D A and B sues C for Rs. 1000/-, the debt is due to C by alone

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Explanation & Strategy

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Set-off under Order VIII Rule 6 CPC allows a defendant to claim a debt owed by the plaintiff as a counter-claim, reducing the plaintiff's claim. The set-off must be for an ascertained, legally recoverable sum not exceeding the court's pecuniary jurisdiction.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Order VIII Rule 6

Answer (B) Knowledge-Based

Paper AIBE XIII — December 2018

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