Jitendra Kumar Khan & Ors. vs. Peerless General Finance & Investment Co. Ltd. & Ors. (SC)

Code of Civil Procedure, 1908–Order 6, Rule 17, Order 7, Rule 6 & Order 8, Rules 6 & 6-A–Amendment in the written statement was sought on the ground of equitable set-off–Allowed by Division Bench–Appreciation of–Equitable set-off is different than the legal set off–It cannot be allowed where protected inquiry is needed for determination of the sum due–Whether the claim would be allowable or not, will depend upon the evidence adduced–Held, the amendment was rightly allowed.