Propositions are I Set off and counter claim arises out of the same transaction II Set off should no...........

Civil Procedure Code (CPC) 1908 Withdrawal and compromise of suits

Propositions are:

I. Set-off and counter-claim arises out of the same transaction.

II. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.

III. Claim for set-off cannot exceed plaintiff’s claim, whereas counter-claim can exceed the plaintiff’s claim.

In respect of the aforesaid which is correct:

all I, II & III are correct

I & II are correct III is incorrect

I & III are correct II is incorrect

II & III are correct I is incorrect.

II & III are correct I is incorrect.

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