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4/19/2019 10 Most Important Difference between "Set-Off" and "Counter-Claim"

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10 Most Important
Difference between
"Set-Off" and
"Counter-Claim"
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10 Most Important Difference between “Set-Off” and
“Counter-Claim” are listed below:

Set-off:
1. Set-off is explained in Rule-6 of Order-8 of C.PC.

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2. Set-off is an old provision, and is existing since the


enactment of C.P.C.

3. Set-off is of two kinds — (i) Legal Set-off; and (ii)


Equitable Set-off.

4. Set-off is a statutory defense of the defendant to a


plaintiff’s action.5. Set-off must be for an ascertained sum.

6. Set-off must arise out of the same transaction.

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7. In a set-off, the defendant demands in a plaintiff’s suit an


amount below or up to the suit claim.

8. The amount must be recoverable at the date of the suit.

9. Set-off is a ground of defense to the plaintiff’s action, just


like a shield.

10. Set-off is a right to adjust the claim of the plaintiff


against certain right or dues of the person entitled

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4/19/2019 10 Most Important Difference between "Set-Off" and "Counter-Claim"

Counter-claim:
ADVERTISEMENTS:

1. Counter-claim is explained in Rules from 6-A to 6-G of


Order-8.

2. Counter-claim is a new provision and the Rules 6-A to 6-


G have been inserted in the Civil Procedure Code, 1908 by
C.P.C. Amendment Act, 1976.

3. Counter-claim has no such classification.

4. Counter-claim is substantially a cross-action.

5. A Counter-claim can be made for an ascertained sum, or


even for an unascertained sum.

6. It need not arise out of the same transaction.

7. In a counter-claim, the defendant demands for a large


amount. The claim for excess amount is really a counter-
claim.

8. The amount must be recoverable at the date of the


written statement.

9. Counter-claim is a weapon of offence, just like a sword


which enables the defendant to enforce the claim against
the plaintiff effectually as an independent action.

10. A counter-claim is a claim made by the defendant in


excess of the right claimed by the plaintiff.

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Related Essays:
1. Difference between Legal and Equitable Set-off –
Answered!
2. What are the essential conditions of Legal set-off in
India?
3. Difference Between Set-off and Counter-claim (India) –
Answered!
4. Can a person file a fresh suit in respect of the same
cause of action when he has, in a former suit,

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4/19/2019 10 Most Important Difference between "Set-Off" and "Counter-Claim"

relinquished part of his claim? (Civil Procedure Code,


1908)
5. Plea of Set-off and the Nature of a Counter Claim
6. Can A Defendant Set Up A Counter-Claim In A Civil
Suit In India?

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