Sunil sues Amit and Manish for Rs. 10,000. In the same suit, Amit claims set off of a debt of Rs. 3,000 due to him alone by Sunil. Will Amit succeed in his claim of set-off? Give reasons.
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Question: Sunil sues Amit and Manish for Rs. 10,000. In the same suit, Amit claims set off of a debt of Rs. 3,000 due to him alone by Sunil. Will Amit succeed in his claim of set-off? Give reasons.Find the answer to the mains question only on Legal Bites. [Sunil sues Amit and Manish for Rs. 10,000. In the same suit, Amit claims set off of a debt of Rs. 3,000 due to him alone by Sunil. Will Amit succeed in his claim of set-off? Give reasons.]AnswerIn the scenario described, Sunil sues both...
Question: Sunil sues Amit and Manish for Rs. 10,000. In the same suit, Amit claims set off of a debt of Rs. 3,000 due to him alone by Sunil. Will Amit succeed in his claim of set-off? Give reasons.
Find the answer to the mains question only on Legal Bites. [Sunil sues Amit and Manish for Rs. 10,000. In the same suit, Amit claims set off of a debt of Rs. 3,000 due to him alone by Sunil. Will Amit succeed in his claim of set-off? Give reasons.]
Answer
In the scenario described, Sunil sues both Amit and Manish for Rs. 10,000. In the same suit, Amit claims a set-off of a debt of Rs. 3,000 due to him alone by Sunil. Let's examine whether Amit will succeed in his claim of set-off as per the provisions of the Code of Civil Procedure (CPC) in India.
According to the CPC, set-off is governed by Order VIII, Rule 6. To be eligible for a set-off, the following conditions must be met:
1. The defendant claims to set off against the plaintiff's demand.
2. The debt claimed to set off must be an ascertained sum of money legally recoverable by the defendant from the plaintiff.
3. The set-off should arise out of the same transaction or should be connected with the subject matter of the plaintiff's claim.
Now, let's apply these conditions to the scenario:
1. The defendant (Amit) is claiming a set-off against the plaintiff's (Sunil's) demand.
2. The debt claimed to set off is Rs. 3,000 due to Amit from Sunil.
3. The set-off arises from a separate debt of Rs. 3,000 that Sunil owes to Amit.
Based on the conditions mentioned, Amit's claim of set-off appears to be valid. The amount claimed to set off is an ascertained sum of money (Rs. 3,000) legally recoverable by Amit from Sunil. The set-off is also connected with the subject matter of the plaintiff's claim, which is the same suit where the debt arose.
Therefore, Amit is likely to succeed in his claim of set-off for Rs. 3,000 against Sunil's demand of Rs. 10,000 in the same suit. The court will adjust the claim amount accordingly, and Sunil will be required to pay only the remaining amount after the set-off is applied.
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Mayank Shekhar
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