Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. 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.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
1. In case the changes carried out in the pleading do not change the relief claimed for.
2. At any stage of the suit.
3. Without imposing costs.
4. Of an application filed for interim relief.
Select the correct answer:

A. 1 and 2

B. 2 and 3

C. 3 and 4

D. 1 only

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

On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

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

Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

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