ES 'प्रतिसादन' एवं 'प्रतिदावा' से क्या तात्पर्य है? प्रतिदावा के सम्बंध में व्यवहार प्रक्रिया संहिता में क्या नियम दिये गये हैं? वैध प्रतिसादन तथा साम्यिक प्रतिसादन में अन्तर स्पष्ट कीजिए।

Set-Off and Counter-Claim in Civil Procedure Code

1. Meaning of 'Set-Off'

'Set-off' refers to a defense plea in a suit where the defendant claims an amount from the plaintiff that can be deducted from the plaintiff's claim. It is a form of adjustment of mutual debts between the parties.

Types of Set-Off

1. Legal Set-Off – Available as a right under the Code of Civil Procedure (CPC), Order VIII, Rule 6.
2. Equitable Set-Off – Based on equity and judicial discretion.

---

2. Meaning of 'Counter-Claim'

A counter-claim is a separate and independent claim made by the defendant against the plaintiff in the same suit. It is a cross-suit that allows the court to decide both claims together.

• Governed by Order VIII, Rule 6A to 6G of CPC.
• The defendant's counter-claim must be legally maintainable and arise from the same transaction as the plaintiff’s suit.

---

3. Rules Regarding Counter-Claim (Order VIII, Rule 6A to 6G CPC)

The key rules related to counter-claims are:

(i) When a Counter-Claim Can Be Filed (Rule 6A)

• The counter-claim must relate to the same transaction as the plaintiff’s suit.
• It can be filed along with the written statement or at a later stage before the court passes the final judgment.

(ii) Counter-Claim Treated as a Separate Suit (Rule 6A(2))

• A counter-claim has the effect of a separate suit, and the court can decide both together.

(iii) No Need for a Separate Suit (Rule 6D)

• A counter-claim allows the defendant to avoid filing a separate suit, thereby saving time and litigation costs.

(iv) Plaintiff’s Right to File a Reply (Rule 6A(3))

• The plaintiff can file a written statement to contest the counter-claim.

(v) Effect of Plaintiff’s Withdrawal (Rule 6E)

• If the plaintiff withdraws the suit, the counter-claim remains pending for independent adjudication.

(vi) Judgment on Counter-Claim (Rule 6G)

• The court passes a judgment on the counter-claim even if the original suit is dismissed.

---

4. Difference Between Legal Set-Off and Equitable Set-Off

Basis	Legal Set-Off	Equitable Set-Off
Definition	A statutory right allowing the defendant to deduct a legally enforceable debt from the plaintiff’s claim.	A judicially recognized right where justice demands set-off, even if it does not meet strict legal criteria.
Governing Law	Order VIII, Rule 6 CPC	Based on principles of equity and fairness.
Nature	A strict legal right available under CPC.	A discretionary relief granted by courts.
Amount Must Be	Definite and ascertained.	Can be unliquidated or contingent.
Arises From	Same transaction or a separate transaction, but must be legally enforceable.	Must arise from the same transaction.
Judicial Discretion	The court has no discretion if conditions are met.	The court has full discretion to allow or deny.
Example	A defendant owes ₹1,00,000 to the plaintiff but also has a ₹50,000 legally enforceable claim against the plaintiff. He can set off ₹50,000.	A builder sues a contractor for non-payment, but the contractor claims damages for defective materials supplied by the builder.

---

5. Conclusion

• Set-off is a defense to reduce the plaintiff’s claim, whereas counter-claim is an independent claim by the defendant.
• Legal set-off is a statutory right, while equitable set-off is based on fairness.
• A counter-claim is broader than a set-off, as it allows the defendant to seek affirmative relief rather than just reducing the plaintiff’s claim.