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Supreme Court of India

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

Neutral citation
Reported as [2013] 7 S.C.R. 1093
Bench Anil R. Dave and Dipak Misra JJ.
Decided 7 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid submissions we are required E to restrict our deliberations to the controversy whether the claim of equitable set-off, as put forth, is tenable or not.

Judgment, page 8

From the headnote

Code of Civil Procedure, 1908: 0. 6, r. 17 - Written statement - Amendment - Equitable set-off - Suit for declaration as regards plaintiffs' entitlement c to certain amounts - Defendants seeking amendment of written statement after more than 3 years of its filing and seeking to grant of a decree for a certain amount - Held: 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 so connected in the nature and

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