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 ?
n.k.sarin
(Expert) 05 May 2009
In this case it is not possible for the court to give any relief whether intrim or permanent.application of defendant No 3 is not maintainable without counter claim. Intrim relief depends on permanent relief.
Swami Sadashiva Brahmendra Sar
(Expert) 05 May 2009
mr. sarin is right. 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
Dear Mr Devendra
It is not necessary to file a counter claim to avail relief unser order 39 rule 1 (a). a defendent can seek relief against another defendent if situation fulfills conditions under this rule. Just try, you will find citations also.