only a set-off mentioned in. Order 8 Rule 6 but it bars any and every set-off including an equitable set-off ... extent, the circumstances allowing an equitable set-off and a legal set-off overlap. Where an equitable set-off is claimed on the basis
sense of the term but the plaintiff is entitled to an equitable set off
in terms of Order 8 Rule 6 of the Code ... plaintiff is not entitled to claim either a legal or an
equitable set off against the dues of the plaintiff. On the contrary,
relying upon
quite clear that equitable
set-off is different than the legal set-off; that it is independent of the
provisions of the Code of Civil ... said discretion has to be exercised in an equitable manner. An
equitable set-off is not to be allowed where protracted enquiry is needed
amendment of the counter-statement seeking introduction of
counter-claims/equitable set-off by the petitioner.
2. The petitioner has made out a case ... regarded as an equitable set off since
the loss has not been quantified and the plea of set off does not
15
rest on mutual
petitioning creditor.
Ms. Chakraborty argued that it is settled law that equitable set-off debts is
payable only if the same arise ... cross-demands, to be available for extinction by way of
equitable set-off, must have arisen out of the same transaction or ought
amount which defendant 1 claimed as set off was not legally recoverable at the date when the set off was claimed in the written statement ... claim for set off in respect of Rs. 1,076. A set-off is either legal or equitable. Legal set off must be in respect
types of set off in common law jurisprudence,
namely (a) statutory or legal set off (b) common law set off (c) equitable set
off ... legitimate set-off is not to be considered at
4
all. Such set-off may be considered at the stage of filing of proof
apportionment of rent the tenant may well claim an equitable set-off for damage caused to him by reason of the unjust interference ... regard to the whole Purwaha estate, is the extent of equitable set-off which should be allowed to him. And we think that the question
suit against the cestui que trust. If the defendant had pleaded equitable set off he may have been entitled to get a decree
Judge further held that the plaintiffs were entitled to "claim equitable set-off of their admitted time-barred rent dues against the defendant ... Subordinate Judge "that the plaintiff is' entitled to claim equitable set-off" is unhappy. The claim of the plaintiff
