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In the event that in the same action brought by the principal creditor or in another action already pending the existence of the counterclaim asserted in set-off is disputed, the court is precluded from ordering the suspension envisaged by arts. 295 and 337 of the Code of Civil Procedure, as well as the pronouncement of legal or judicial set-off, given the special character of the rules provided for by article 1243 of the Civil Code over the general rules dictated by the Code of Civil Procedure.