Is 'admission of claim' a necessary/mandatory pre-condition so as to raise a Defence of set-off?
There are confusing case citations
And none of them propone correctly what is the settled position in law
Without admitting plaintiff's claim, can't the defendent raise set-off as if .... even in the eventuality that the plaintiff happens to succeed in the contested claim, still the plaintiff's relief is iable to nullified/reduced to the extent of set-off !! ..................... to the extent to nullify/diffuse the claim of the plaintiff.
Set-off which is independent of .... whether original claim by plaintiff is admitted or contested by the defendent.
The situation does not allow the defendent any independent cross claim, and plaitiff can't compel defendent to raise cross claim and also can't say the 'since defendent has not resorted to any coercive action, it should be construed as waiver'
PLease respond to my question (first line above)
