Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Amendment Equitable set-off Written statement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908:0. 6, r. 17 - Written statement - Amendment - Equitableset-off - Suit for declaration as regards plaintiffs' entitlementto certain amounts - Defendants seeking amendment ofwritten statement after more than 3 years of its filing andseeking to grant of a decree for a certain amount - Held: Division Bench of High Court has rightly allowed theamendment on the basis that the claim put forth could betreated as a plea in the nature of equitable set-off, for it hastreated the stand taken in the amendment petition to be ademand so connected in the nature and circumstances that )hey can be looked upon as a part of one transaction. Theview expressed by the Division Bench has to be treated as aprima facie expression of opinion. Whether the claim wouldbe allowable or not will depend upon the evidence adducedbefore the court so as to sustain a claim of equitable set-off.0. 8, rr. 6 and 6-A - Set off and counter claim - Legal setoff and equitable set-off - Explained. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 523 |
Petitioner | Jitendra Kumar Khan And Others |
Respondent | The Peerless General Finance And Investment Company Limited And Others |
SCR | [2013] 7 S.C.R. 1093 |
Judgement Date | 2013-08-07 |
Case Number | 6784 |
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