The question (10 marks)
Distinguish a set-off from a counter-claim under Order VIII of the Code of Civil Procedure 1908, and state the consequences of the distinction for limitation and for the discontinuance of the plaintiff's suit. (10 marks)
MU Module I, heads 1.2 and 1.5
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Introduction of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Code of Civil Procedure 1908, Order VIII Rules 6 and 6A to 6G
- Limitation Act 1963, s. 3(2)
- Code of Civil Procedure 1908, Order VIII Rule 6D
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.