counter claim and set-off

Ladhu Ram Chowdhary (Querist) 24 August 2010 This query is : Resolved
Asuit for money decree is dismissed in default wherein, defendant had set-up a defense of set-off.whether the defendant can file a fresh suit for recovery of the amount which he claim to be set-off ?

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s.subramanian (Expert) 24 August 2010
No. The court cannot dismiss the set off claim. Even though the suit is dismissed the set off claim has to be proceeded with by the court and decided on merits,if the defendant is ready.

Devajyoti Barman (Expert) 24 August 2010
Right. File a petition u/s 151 of cpc for further proceeding.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 August 2010
Ladhu ram ji you have lot of qurries and counter querries on set off and counter claim on this site.

The sett off dies with the main plaint if it is counter claim it will survive.

Because due to simple reason that in sett off you are asking against the claims of the plaintiff no separate cause of action.

Prof.A.S.Dalal (Expert) 25 August 2010
No it is not required but the case for counter claim should be filed before the case is dismissed otherwise defendent will have to file a seprate suit in case the suit is dismissed.

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