Gunjan Sinha Jain vs Registrar General,High Court Of Delhi on 9 April, 2012
Author
set-off--Suit by patnidar against zemindar
for possession of land with mesne profits--Decree in favour
of patnidar-Claim by zemindar to set off ... arise ...... The
plea of equitable set-off in respect of time-barred debts
can be set up as a shield by way of defence
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
could only set-off those damages against the plaintiff's claim. They observed:
On general principles they may set off such damages as they ... equitable set-off, claim for damages for disturbance of his possession in faslis 1313 and 1314. The lower Court disallowed the set-off
could only set-off those damages against the plaintiff's claim. They observed:
"On general principles they may set off such damages ... submits that, apart from the legal right of set-off, the defendant herein had an equitable right of set-off to the extent
restricted to equitable set-off which is beyond the scope of
legal set-off. It is urged by him that equitable set-off ... fact, there is an immense distinction
between the equitable set-off and legal set-off.
11. In view of the aforesaid submissions we are required
submitted that the law with
respect to equitable set-off is well settled. Equitable set-off is
independent of the provisions of CPC . According ... equitable
set-off, as by rejecting the latter, the claim of the petitioner with
regard to equitable set-off would attain finality. In fact
set-off can be entertained by civil Courts though Order VIII, Rule 6, of the Civil Procedure Code in terms refers only to_ legal set ... set-off cannot be said to affect the right to claim such a set-off wherever it vests in a party. Normally, an equitable set
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quite clear that equitable set-off is different
than the legal set-off; that it is independent of
the provisions ... JITENDRA KUMAR K HAN CASE (SUPRA)
equitable set-off is distinct from the legal set-off as
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IA 16458/2011 in CS(OS) 2293/2010
set-off. The word 'set off' in Article 1 Schedule 1 includes not only a legal set-off but also an equitable set ... deals with one kind of set-off called a legal 'set-off'. A right to set-off, even independently of the provisions