Difference between set off and counter claim in cpc in hindi | CPC 1908 LECTURE 30, скачать в хорошем качестве

Difference between set off and counter claim in cpc in hindi | CPC 1908 LECTURE 30,

Differentiate between set off and counter claim The distinction between set-off and counter-claim may now be noted : 📌Order VIII RULE 6 deals with set-off, whereas Order VIII RULE 6A to 6G deals with counter-claim 📌Set-off is a statutory defence to a plaintiff’s action, whereas a counterclaim is substantially a cross-action. 📌Set-off must be for an ascertained sum or must arise out of the same transaction as the plaintiff’s claim. A counter-claim need not arise out of the same transaction. 📌Set-off is a statutory ground of defence and has to be pleaded in the written statement. It can be sued as a shield and not as a sword. Counter-claim, on the other hand, does not afford any defence to the plaintiff’s claim. It is a weapon of offence which enables the defendant to enforce his claim against the plaintiff as effectually as in an independent action. 📌If the statute of limitation is pleaded to a defence of set-off, the plaintiff in order to establish his plea has to prove that set-off was barred when the plaintiff commenced the action. In the case of a counter-claim, it is enough for the plaintiff to prove that the counter-claim was barred when it was pleaded. cpc playlist:    • CIVIL PROCEDURE CODE 1908 IN HINDI FOR PCS...   ⭕Only following subject's pdfs are available IPC : 100Rs Evidence : 100Rs Cpc : 149Rs SRA : 80Rs Limitation Act : 70Rs Partnership Act : 70Rs Jurisprudence : 149Rs Equity : 50Rs Constitution : 199rs CrPC : 149Rs If you want to buy then mail me here [email protected] or text me on my telegram I'd @ZeenatSiddique If you want to join us Telegram channel & group then click following links👇👇 https://t.me/studygowithzeenat https://t.me/prepare_Judiciary_APO_wi... Don't forget to follows us on Instagram👇   / studygowithzeenat