TMI Blog1972 (6) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... ick kiln according to the specifications contained in the agreement between the parties, that there are a number of defects in the construction and that therefore the plaintiff is not entitled to the suit amount. The defendant filed an additional written statement elaborating the above plea and giving details of the various alleged defects in the brick kiln and also valuing those defects. The additional written statement sums up the position stating that the defects in the construction resulted in a loss of over ₹ 1,60,000 to the defendant's factory. 3. The case was opened and part of the evidence was recorded. At that stage, the learned counsel for the plaintiff contended that the defendant should not be allowed to plead and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Court-fees and Suits Valuation Act) is confined only to legal set-off coming under order VIII, Rule 6, C.P. Code and the prima facie the expression 'set-off' used in that Article may well nigh include an equitable set-off also. In Lakshmana Chettiar v. Ramanatha Chettiar AIR 1935 Mad 115 , it is again pointed out that an equitable set-off is a legally recognised one and no distinction should be drawn between that and a legal set-off and that therefore an equitable set-off pleaded in a written statement must bear the appropriate Court-fee, as there is nothing to show that the set-off mentioned in Article 1 of Schedule I of the Court-fees Act of 1870 is confined only to a legal set-off coming under Order VIII, Rule 6 of the C.P. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et-off but has detailed the defects in the construction of the brick kiln with the value of those defects, only to show that the plaintiff is not entitled to the suit claim because of defective work. That is really a defence to the suit claim and not a set-off. If the defendant is able to prove that the work done by the plaintiff is defective as detailed in the written statement and further proves that the amount required to rectify those defects would be more than the suit claim, then the plaintiff would not be entitled to the suit claim. The plea of the defendant would amount to a set-off, only if the plaint claim as well as the claim in the written statement can stand together. In other words, only when the plaintiff is entitled to recov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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