deepak sharma (.) 25 July 2012

39 r1 & 2

can a defendent gets relief against plantiff , in same suit us 39 R 1 & 2.

Case- mr A filed a civil suit ,than defendeant file a application us 39 1 & 2 against the plantiff,in the same suit .

application moved by the defendant not by plantiff,which has no realation with the prayers claimed the suit.

Arvind Singh Chauhan (advocate) 25 July 2012

Yes If defendant has filed counter claim he may get such relief.

deepak sharma (.) 25 July 2012

thanks arvind ji,

but if they not filed counter they many not grt any relief?

deepak sharma (.) 25 July 2012

thanks arvind ji,

but if they not filed counter claim ,as per law ? they may not grt any relief?

Rahul Chakraborty. (final yr student.) 26 July 2012

o 39 r .6-10,based on ur fact the said relief can be given.

Advocate Bhartesh goyal (advocate) 27 July 2012

In a same suit plaintiff and defendant can file application u/o 39 r 1& 2 of C.P.C against each other .

deepak sharma (.) 27 July 2012

without filing counter claim also.....?