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Complete information about the Doctrine ''set off '' concept based notes ,best for paper preparation and especially presentation for this topic .
Doctrine of Set off
1. What is set off ?
That is the cross claim by the defendant in
the response of the claim of the plaintiff about the recovery of money .
Basically that is the situation where both
parties of the set off are act as the debtor and the creditor simultaneously .
So ,in that situation when the plaintiff claim
the defendant about the recovery of money so the defendant also claim to plaintiff for same matter .
2. Cross reference /relevant provisions .
Order 8 rule 6 of CPC
Set off ‘’meaning ‘’ settlement and fixing .
4. Definition .
‘’ that is the cross claim of the defendant in response of the claim of the plaintiff for the recovery of money’’
5. Illustration .
There is the dispute between Haris and Hashir about the recovery of money in which Haris claim that Hashir owe 50,000 from Haris so bound to pay this amount back to him but hashir cross claim that Haris also owe the amount of
25,000 from him so he must pay this amount 1st to him
6. Essential conditions of set off .
1. The suit must relate to the recovery of money 2. The sum of money must be ascertained or
3. The sum of money which demanded that
recoverable by legally .
4. The sum must not exceed the pecuniary limit of
the court .
7. Effect of set –off .
In set off matter there are the two dispute at the same time but they deal combinedly so , When the plaintiff file the suit against defendant for the recovery of money and the defendant also file the suit for the recovery of money so if the such situation occur when the plaintiff draw back his suit and then at this case due to the withdraw of the plaintiff case has not the any effect of the defendant case his suit still continue but defiantly he recover his amount from plaintiff if he proof his claim true .
8. Kinds of set off .
There are 2 kinds of set off 1. Legal set off 2. Equitable set off
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