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Propositions are: 1. Set-off and counter-claim arises out of the same transaction. 2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement. 3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim. In respect of the aforesaid which is correct:
Under section 21 of Limitation Act, 1963 when the suit shall be deemed to have been instituted as against the newly impleaded defendant -