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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Sunil sued Vimal for recovery on 10 March. Vimal, in that suit, made a counter claim in court on 25 June and also pleaded a set off. Under Section 3(2)(b), which statement is correct?

The set off is deemed instituted on the same date as the suit in which it is pleaded, here 10 March, while the counter claim is deemed instituted on the date it is made in court, here 25 June. Section 3(2)(b) treats each as a separate suit.

  1. AThe counter claim is deemed instituted on 10 March and the set off on 25 June
  2. BBoth are deemed instituted on 10 March, the date of Sunil's suit
  3. CThe set off is deemed instituted on the same date as Sunil's suit, and the counter claim on 25 JuneCorrect
  4. DBoth are deemed instituted on 25 June, the date they were made

Explanation

Each claim by way of set off or counter claim is treated as a separate suit. A set off is deemed instituted on the same date as the suit in which it is pleaded (10 March), while a counter claim is deemed instituted on the date it is made in court (25 June). The other options mix up these dates.

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