A decree was transferred for its execution from Court X to Court Y. Court Y is of the opinion that Court X committed an error when it calculated the limitation period. Court Y announced that it rectified the mistake of Court X and upheld the rule of law by pronouncing judgment in favour of judgment debtor. This was challenged by the decree holder in the appellate court. Predict whether the decree holder will win the case.
A. Yes, he will win the case
B. No
C. No, because of the application of Rule of Law
D. None of the above
Answer: Option A
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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