Doctrine of Set off

1. What is set off ?

 That is the cross claim by the defendant in
the response of the claim of the plaintiff
about the recovery of money .
 Basically that is the situation where both
parties of the set off are act as the debtor
and the creditor simultaneously .
 So ,in that situation when the plaintiff claim
the defendant about the recovery of money
so the defendant also claim to plaintiff for
same matter .
2. Cross reference /relevant provisions .
Order 8 rule 6 of CPC
3. Meaning
Set off ‘’meaning ‘’ settlement and fixing .
4. Definition .
‘’ that is the cross claim of the defendant in
response of the claim of the plaintiff for the
recovery of money’’
5. Illustration .
There is the dispute between Haris and Hashir
about the recovery of money in which Haris
claim that Hashir owe 50,000 from Haris so
bound to pay this amount back to him but hashir
cross claim that Haris also owe the amount of
 25,000 from him so he must pay this amount 1st
to him
6. Essential conditions of set off .
1. The suit must relate to the recovery of money
2. The sum of money must be ascertained or
definite .
3. The sum of money which demanded that
recoverable by legally .
4. The sum must not exceed the pecuniary limit of
the court .
7. Effect of set –off .
In set off matter there are the two dispute at
the same time but they deal combinedly so ,
When the plaintiff file the suit against defendant
for the recovery of money and the defendant
also file the suit for the recovery of money so if
the such situation occur when the plaintiff draw
back his suit and then at this case due to the
withdraw of the plaintiff case has not the any
effect of the defendant case his suit still
continue but defiantly he recover his amount
from plaintiff if he proof his claim true .
8. Kinds of set off .
There are 2 kinds of set off
1. Legal set off
2. Equitable set off
1. Legal set off
 The order 8 rule 6 of CPC deals with it .
‘’ that is such kind of set off where the amount
of set off on which claim is filed is ascertained
so court bound to set off this claim ‘’
Illustration .
The matter of dispute between the Haris and Usama in
which Usama claim that the hairs borrow 3,000 from
him but haris instead to pay claim that the Usama also
borrow 1,000 from him so he must 1st pay this
amount .
2. Equitable set off
‘’That is such kind of set off where the amount on
which the claim of set off is file is not ascertained so
here the court made the judgment on the base of its
discretion ‘’
Illustration .
1. The servant file the suit against his master that his
master not pay him his salary so instead to pay the
salary to servant the master also file the suit that
his servant broke many household items of master
house during his working hour and become the
cause of loss of master and master suffer all these
loss due to negligence of servant so servant at 1st
pay for all these instead of demanding salary .
9. Distinguish between the legal and the equitable
set off .
Legal set off Equitable set off
1 In legal set off the In equitable set off
sum of money is the amount is not
ascertained ascertained
2 In legal set off the In it court fees are not
court fees are paid paid
3 That is the right of That is depend upon
the individual so the discretion of the
court bound to court so court not
provide it bound here

4 Here to claim set off But here to claim the

that is not necessary recovery of money
that the dispute of that is require that
the recovery of the dispute between
money must took the plaintiff and the
place in the same defendant must took
transaction between place in the same
the plaintiff and the transaction
defendant.
Here the defendant
can claim to plaintiff
for the recovery of
money on the base
of the any previous
transaction between
 themselves .
10. Conclusion .
At last ,we can conclude that this doctrine of set
off ensure the recovery of the money by making
liable them debtor because both hold the status
of debtor so unless the one not clear his due to
other the other under this doctrine also has the
excuse of non -payment.