legal set off or an equitable set off. A set off includes legal set off, and equitable set off. When it is not stated ... statement containing a claim of set-off must be regarded as a plaint in regard to such set-off, and must be stamped accordingly
entertained as an equitable set-off, at the discretion of Court. If it was legal set-off falling under Order 8, Rule 6, the Court ... treated as one for equitable set-off, there is no difference between a claim for legal set-off (falling under Order 7, Rule
material disputed facts and law, excepting the issue regarding equitable set off for the loss of rupees six lakhs incurred by the appellants ... counsel for the appellants sought to make out a case of equitable set off against the suit claim with reference to the pleadings in para
Rama Bhovi which could be adjusted and satisfied
during an equitable set off of the said property to the
half share of his vendor ... partition, while considering
quantification of share and also while considering
equitable set-off of the sale deeds of the purchasers
towards the share
Civil Procedure , 1908. He further
contended that equitable set-off is distinct from legal set-
off and operates independent of the strict provisions ... filed the aforesaid applications seeking relief of
equitable set-off and not legal set-off. It is submitted that
the Trial Court, without examining this
defendant entitled to claim an equitable set-
off of Rs.1,00,00,000/- and if so is he entitled
to a counter claim
written statement. Thus, the said claim of set-off in defence which is an equitable relief to be given by the Court the point ... that for purpose of equitable set off it was essential that there should be knowledge on both sides of an existing debt due to other
section 529 of the Act reads :
"46. Mutual dealings and set-off. - Where there have been mutual dealings between an insolvent and a creditor ... counsel for the respondents that the object of the doctrine of equitable set-off embodied in the above section is to avoid cross-claims
section 529 of the Act reads :
"46. Mutual dealings and set-off. - Where there have been mutual dealings between an insolvent and a creditor ... counsel for the respondent that the object of the doctrine of equitable set-off embodied in the above section is to avoid cross-claims
claim of set-off' does not disclose a category or a genus. Set-offs are of two kinds - legal and equitable - and both ... which is of the same nature as a claim of set-off and can be raised by a defendant in a suit
