Supreme Court · 2013 INSC 523 · Decided 7 August 2013

Jitendra Kumar Khan and Others v. The Peerless General Finance and Investment Company Limited and Others

Court
Supreme Court of India
Citation
2013 INSC 523 · [2013] 7 S.C.R. 1093
Case number
CIVIL APPEAL No. 6784/2013
Decided
7 August 2013
Bench
ANIL R. DAVE, DIPAK MISRA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908: 0. 6, r. 17 - Written statement - Amendment - Equitable set-off - Suit for declaration as regards plaintiffs' entitlement A B c to certain amounts - Defendants seeking amendment of written statement after more than 3 years of to grant of a decree for a certain amount - Held: D Division Bench of High Court has rightly allowed the amendment on the basis that the claim put forth could be treated as a plea in the nature of equitable set-off, for it has treated the stand taken in the amendment petition to be a demand

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