counter claim and set-off

Ladhu Ram Chowdhary (Querist) 27 August 2010 This query is : Resolved
How period of limitation will be computed in a case of set-off or counter claim. ?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 27 August 2010
lADHU RAM JI YOU SHOULD GET DOCTRATE IN THIS ISSUE OF SETT OFF AND COUNTERCLAIM.

For sett off the cause of action can be claimed as the continuing one since in same suit.

For counterclaim the limitation will start when cause of action arose , which may be claimed as day of filing the suit by opponent.

s.subramanian (Expert) 27 August 2010
I agree with Mr.Shashi.

N.K.Assumi (Expert) 27 August 2010
In addition to Sir.Shashikumar,See Clause (b) of Sub-section (2) of section 3 of the Indian Limitation Act, read with Sub Rule (4) of Rule 6A Order 8 read with Rule 6A to 6G of Order 8 of the CPC.

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