All India Bar Examination (AIBE) 10-X Previous Year Question Papers with Answers

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35.

In which of the following cases a Set off can be claimed ?

A: ‘A’ owes the partnership firm of ‘B’ & ‘C’ Rs. 1000/-. ‘B’ dies leaving ‘C’ surviving. ‘A’ sues ‘C’ for a debt of Rs. 1500/- due in his separate character. ‘C’ wants to set off the debt of Rs. 1000/-.
B: ‘A’ sues ‘B’ for Rs. 20,000/-. ‘B’ wants to set off the claim for damages for breach of contract for specific performance.
C: Both ‘A’ & ‘B’
D: None of the above

The answer is: A