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VOL. 2, ISSUE 1 (2026)
Comprehensive study on the concept of set-off and counter-claims under the Code of Civil Procedure, 1908
Authors
Dr. Uma
Abstract
The Code of Civil
Procedure, 1908 (CPC) aims to ensure fair, speedy, and effective administration
of civil justice. Among its procedural mechanisms, the concepts of set-off and
counter-claim play a crucial role in avoiding multiplicity of litigation and
enabling comprehensive adjudication of disputes between parties. While plaintiffs
initiate civil suits, the CPC also equips defendants with procedural tools to
protect their rights and seek justice. The concepts of set-off and
counter-claims, embodied under Order VIII Rules 6 and 6A, play a vital role in
ensuring fairness, efficiency, and completeness in civil adjudication. These
provisions allow defendants not only to defend themselves but also to assert
their own claims against the plaintiff within the same suit. Set-off allows a
defendant to adjust mutual debts, while a counter claim enables the defendant
to assert an independent cause of action against the plaintiff within the same
suit. This research paper undertakes a detailed analysis of set-off and counter
claims under Order VIII Rules 6 and 6A of the CPC. It explores their historical
development, legal framework, judicial interpretation, procedural aspects,
advantages, limitations, and practical relevance in Indian civil litigation.
The paper also highlights how these mechanisms help reduce multiplicity of
proceedings and promote substantive justice, the importance of these provisions
in promoting substantive justice.
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Pages:220-222
How to cite this article:
Dr. Uma "Comprehensive study on the concept of set-off and counter-claims under the Code of Civil Procedure, 1908". International Journal of Applied Review
, Vol 2, Issue 1, 2026, Pages 220-222
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