Difference between Written Statement and Counter

Hello,

The distinction between set-off and counter-claim may now be noted :

• Set-off is a statutory defence to a plaintiff’s action, whereas a counterclaim is substantially a cross-action.
• Set-off must be for an ascertained sum or must arise out of the same transaction as the plaintiff’s claim. A counter-claim need not arise out of the same transaction.
• Set-off is a statutory ground of defence and has to be pleaded in the written statement. It can be sued as a shield and not as a sword. Counter-claim, on the other hand, does not afford any defence to the plaintiff’s claim. It is a weapon of offence which enables the defendant to enforce his claim against the plaintiff as effectually as in an independent action.
• If the statute of limitation is pleaded to a defence of set-off, the plaintiff in order to establish his plea has to prove that set-off was barred when the plaintiff commenced the action. In the case of a counter-claim, it is enough for the plaintiff to prove that the counter-claim was barred when it was pleaded.

Thank you

As the proceedings have already commenced, it is better if your gets assistance from his advocate?