counter claim and set-off

Ladhu Ram Chowdhary (Querist) 23 August 2010 This query is : Resolved
whether failure to set-up set-off precludes filing of separate suit for an amount for which set-off could have been legally claimed while filing written statement ect. ?

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s.subramanian (Expert) 23 August 2010
No. You are not deprived of your right to file a separate suit.

Devajyoti Barman (Expert) 23 August 2010
The defendant nevertheless will try to take the benefit of order 2 rule 2 of cpc.

masood ausaf (Expert) 24 August 2010
A saparate suit can be filed its not a bar.

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