CS Professional · Drafting, Pleadings and Appearances · Pleadings
Mehta Traders sued Kapoor Steels in a civil court for recovery of Rs 8 lakh. Kapoor Steels filed its written statement and wants to claim that Mehta Traders owes it Rs 3 lakh for goods supplied earlier. In pleading terms, how is this claim ordinarily described when it is pleaded as a ground of defence to reduce the plaintiff's demand?
The defendant's claim for Rs 3 lakh against the plaintiff, raised to reduce the plaintiff's recovery suit, is a set-off. It is pleaded in the written statement as a defence to the extent of the cross-demand, unlike a rejoinder, amendment or caveat.
- AA set-off, pleaded in the written statement against the plaintiff's claimCorrect
- BA rejoinder, pleaded after the plaintiff's replication
- CA plaint amendment, made by the plaintiff to reduce the claim
- DA caveat, lodged to prevent an ex parte order
Explanation
A cross-demand for an ascertained sum raised by the defendant to reduce or extinguish the plaintiff's money claim is a set-off and is pleaded in the written statement. A rejoinder is a later pleading, an amendment belongs to the plaintiff's own plaint, and a caveat is a pre-emptive notice to the court and has nothing to do with a defence.
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