Set Off under CPC | Order 8 Rule 6 | The Code Of Civil Procedure

Описание: Rule.-6: Particulars of set off to be given in written statement.-I) Where in a suit for the recovery of money the defendant claims to set-off against the plantiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set-off.
2) Effect of set-off: The written statement shall have the same effect as plaint as a cross-suit so as to enable the Court to pronounce a final judgment in respect both of the original claim and of the set-off: but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree.
3) The rules relating to a written statement by a defendant apply to a written a) A bequeaths Taka 2.000 to B and appoints C his executor and residuary legatee. B dies and D takes out administration to B's effects. C pays Taka 1.000 statement in answer to a claim of set-off.


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