relief asked by defendent

DEVENDRA (Querist) 04 May 2009 This query is : Resolved
In a suit, there are 17 defendents. All Defts. are contesting parties.

Whether in that suit one deft. ( say No. 3 ) can ask interim relief against another defendent ( say No. 14 ) ?

There is no counter claim etc.

If yes, under what order / rule ?
If No, why ?

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adv. rajeev ( rajoo ) (Expert) 05 May 2009
defendant seek the injunction against the plaintiff not against the defendant. If he want to claim any relief against the defendant has to file a seperate suit.

Swami Sadashiva Brahmendra Sar (Expert) 05 May 2009
interim relief against co-defendant can be sought only after filng a counter claim in which a final relief against co-defendant is also claimed.

J K Agrawal (Expert) 06 May 2009
Sir
There is no relation between interim and final relief. final relief may be totally different to the interim relief. The very purpose for seeking interim relief is to protect a property from being vast damage or alienate and this relief can be sought by any body whether he is plaintiff or defendant. Further the relief can be claimed against plaintiff or any defendant. There is no necessity to file a claim to seek relief under order 39 rule 1(a).

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