NAME : KINZA AZEEM

ROLL # 48045
SUBJECT : LEGAL DRAFTING
SUBJECT TEACHER : SIR SAQIB
ASSIGNMENT TOPIC :RULE OF SET OFF AS DEFENCE IN CIVIL
SUIT.

(RULE OF SET OF AS A DEFENCE IN CIVIL SUIT)

INTRODUCTION
Set Of is the CIVIL PROCEDURE Terminology .It's concept Is given in Order VIII Rule 6
Set Of is use as a Defense .And Rule (7)and (8) are deal with the defences.
The concept of set off is applicable in suits for the recovery of money.
When plaintiff files a suit for the recovery of debt, the defendant may plead that the
Plaintiff owes a debt to the defendant. Thus both parties are reciprocally debtors of each
other. The defendant has to right to have his claim of money balanced against the
plaintiff in the eventual decree of the court.Before to beginning further we should think
about the set-off. Set-off methods a case by the respondent against the offended party
or a request in protection accessible to the litigant. It is a cross-guarantee between the
gatherings to the suit with respect to their recuperation of cash. It is the demolition of
the obligations of which two people are correspondingly borrowers to one other. As the
case might be the place where there are common obligations between the gatherings
(offended party and respondent), one obligation might be settled against the other.
The rules of written statement apply on the drafting the claim of set off in a written
statement.

As example ..
A-the plaintiff- claims in his plaint that B must pay to him 100 Rupees. B- the
defendant- writes in his written statement that A owes B 90 Rupees. Thus, A can recover
only 10 Rupees.

(MEANING )
Set off means to counter the effect of something or to diminish its effect
In civil suits, the defendant has two options. He can either accept the claim made against
him in suit or deny the claim.Set off characterize a third option.
It is a defense in a civil suit.
set-off is a sort of counter-guarantee that works as a safeguard to a case. The precept of
Set Off permits the respondent to set his own case against the offended party under the
steady gaze of the court under certain circumstances.Technically, a set off can be
characterized as a release of corresponding obligations to the degree of the more
modest commitment.
Instance, A records a suit against B guaranteeing 5000/ - . B may take a guard that An
owes 3000/ - to B too. In this manner, B is essentially requesting to set off 3000/ - of A's
case and pay just 2000/ - .
The plaintiff claim on a person In the response of plaintiff claim which claim is put by
defendent is called counter claim(counter claim is filed by defendent ).Set Off is
Resiprocal claims.

Although both(set off and counter claim) are cross claims but there is distinction b/w
them...set-off provided under O.8 R.6 is a weapon of defence for balancing the claim of
plaintiff and is raised in money suits. On the other hand, counter claim is a weapon of
offence and enables defendant to seek a relief against the plaintiff on a cause of action
which he has against the plaintiff. It can be raised in any suit for example where plaintiff
filed a suit for specific performance of an agreement to sell & def made a counter claim
of cancellation of the agreement. It's not statutory unlike set-off so it has to be claimed
by filing counter suit. But in family cases, defendant is allowed to raise counterclaim in
his w/s.

Then court further decide can be set off be entertained in same suit lies for set off or the
separate suit is lies for set off.

Further more two types of set off

i)Legal
ii)Equitable
Legal.
It is that type of set off in which calim filed for pre- defined amount .The amount which
are defined.

Equitable.
Where amount is not defined not determined yet and it is in the form of damages or in
any other condition

ORDER VIII RULE 6

“PARTICULAR OF SET OFF TO BE GIVEN IN WRITTEN STATEMENT”
Specifics of set-off to be given in composed explanation -
(1) Where in a suit for the recuperation of cash the litigant professes to set-off against
the offended party's interest any found out amount of cash lawfully recoverable by him
from the offended party, not surpassing the financial furthest reaches of the locale of
the Court, and the two players fill a similar character as they fill in the offended party's
suit, the respondent may, at the main becoming aware of the suit, however not
subsequently except if allowed by the Court, presents a composed assertion containing
the specifics of the obligation looked to be set-off.

(2) Effect of set-off—

The composed(written) statement will have a same impact as a plaint in a cross-suit in
order to empower the Court to articulate a last judgment in regard both of the first case
and of the set-off : yet this will not influence the lien, upon the sum proclaimed, of any
pleader in regard of the costs payable to him under the announcement.
(3) The principles (rules) which are relating to a written statement by the defandet apply
for a written statement in response to a case of set-off.
(Where suit are file for recovery of money in which claim is set aginst the person who is
plintif and in which defendent claims for ascertained sum of money which is legally
recoverable by him (plaintiff)not exceeding the pecuinry limitation of the court
jurisdiction both party fill the same character .Set off is always filed in
written.statement )

Following are the effects of set off.

(When any palint is filed in that regard the written statement is made and it was claimed
in set off.And at the end of the suit defence will passed in the favour of defendent).

(ESSENTIALS FOR SET OFF)

1. The suit should identify with recuperation of cash; (certain type of money,sum of
money)
2. The amount of cash should be discovered or unequivocal
3. Above said entirety should be recoverable legitimately; (honestly recoverd ,legally
recoverd)
4. The amount of cash should be recoverable by the respondent or by all the litigants, in
the event of more than one respondents; (recoverable by all the defendants,both
parties)
5. It should be recoverable from the offended party by the plantiff ; (Recoverable by )
6. It should not surpass the financial furthest reaches of the court where the suit is
brought;
7. Both the gatherings should fill, in the respondent's case to set-off, a similar character
as they fill in the offended party's suit;(both parties fill the same charter)

(ORDER VIII : RULE7)

DEFENSE OF SET OFF FOUNDED ON SEPRATE GROUND
Where the defendent depends upon a few particular grounds of defence or set off or
counter case established upon isolated and unmistakable realities, they will be
expressed, similarly as might be, independently and particularly.
If You claim in set off more then one things then you sepratly claim against stated.Rule 7
of cpc are also relted to the (defence or set off founded of set on separate
grounds)According to this if any person is claimed in set off for more then one things
then the person should sepratly claim .

(ORDER VIII : RULE 8)

NEW GROUNDS OF DEFENCE
Any ground of protection(defence) which has emerged after the foundation of the suit
or the introduction of a composed assertion(WS) guaranteeing a set off might be raised
by the Defendant or may Plaintiff party as the case might be in his assertion(WS)
When set off is claimed if written statement is already filed then in such case u can filled
amendment in written statement.Rule 8 of cpc tells that if we want to calim set off and
we already filed written statement in that case we add our sett offf in this written
statement through amendment and it is this ground is given for defence .

(In order VIII we stdy about set offf and the defences which is given in the civil procedure
code the rules of order VIII 6 ,7 and 8 are give the concept of about set offf defences in
Rule 6 is tells about the essential things about set off and explain the effect of set off its
explain that when any claim is filed then when they leave it's impact of the suit and to
whom it favour and the end who is the person in which favour decree is passed in rule 6
we learn about the set offf it's essential and it's effect and at last in the commentry of
rule 6 further we know about kinds/types of set off.We can say that the rule 6 provide al
concept of set off its kind it's essentials and it's effect rule 6 are in itself is a chapter
about set off we can consider it as .And when we move on rule 7 there are the things
which are discussed is that if any person claim in set ofF for different things the the
person should sepratly claim for each one.Rule7 are give the idea of defence when we
have more then one things for claim then we should sepratly claim for each and every
thing it's gives the ground sepratly for defence of each things.Rule 8 is about the that
claim for that defence when we already filed a wriitten statement in that case we can
add our claimed and put it in our written statement through amendment .Rule 8 are
give the idea when we want to calim but we already filed written statement so we can
make changes in it we can put our defence in it through written statement and then we
can claim.Order VIII and the rules 6,7 and 8 are give the concept esstials effects and
kinds and then it gives different grounds for defence sepratly and also gives new ground
by which we can claim or defence for the thing or for our ay right).