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Can defendant maintain a separate suit against the plaintiff


07-Aug-2023 (In Civil Law)
Can defendant maintain a separate suit against the plaintiff and seek relief provide under order 39 rule 1 (b) and (c) of the code.?
Answers (2)

Answer #1
877 votes
You have not mentioned the nature of suit filed by Plaintiff against you. Even a defendant can seek an order of temporary injunction in a suit filed by Plaintiff.. However if you are seeking a decree of permanent injunction you can certainly file a suit against Plaintiff in a separate suit provided there is cause of action for you to file the suit.
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Advocate N Dinesh Rao

Adv. N Dinesh Rao

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Answer #2
862 votes
If there is already a suit pending between the parties, the parties cannot file a suit on the same cause of action. If such case is filed, the subsequent suit will be stayed. If the parties wants to seek injunction, it can be claimed in the previous suit.
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Advocate Sadanand Naik

Adv. Sadanand Naik

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