Law · Code of Civil Procedure
'A' sues 'B' for compensation on account of trespass. 'B' holds a promissory note for Rs. 50,000 from 'A'. Under Order VIII Rule 6 of the Code of Civil Procedure, 1908, can 'B' set off that amount of Rs. 50,000 in this suit?
- 1No, because the damages claimed for trespass are not a sum certain
- 2Yes, because both claims constitute definite pecuniary demands where both parties fill the same character✓
- 3No, because as soon as 'A' recovers, 'B' assumes two different characters
- 4No, because the parties do not fill the same character as in the plaintiff's suit
Correct answer
Yes, because both claims constitute definite pecuniary demands where both parties fill the same character
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