In a suit for recovery of money, the following to aspect can be pleaded by the Defendant in his written statement .
Where a debtor has a cross-claim against a creditor, the reduction or extinguishment of the creditor’s claim by the amount of his cross-claim is ‘set off’
- Equity means equal
|Legal Set Off – order 7 rule 6||Equitable Set Off -order 20 rule 19(3)|
|Sum must be ascertained or liquidated||Sum need not be ascertained or an unliquidated sum|
|Court fees to be paid||no need to pay court Fees|
|to be claimed as a right||Relief depends on the discretion of the court|
|different transaction claim||Same transaction claim|