Civil Procedure Code (CPC)

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Defendant suit

Querist : Anonymous (Querist) 28 April 2010 This query is : Resolved 
Please through light to following query

A at Chennai & B at Hyderabad entered into a agreement at Chennai. A terminated the agreement. B filed a suit for injuction at courts at hyderabad. Temp injun was granted by hyderabad courtm for one month.

1. Is the suit maintainable at Hyd?

2. Can A file a suit against B on the basis of agreemnent at Chennai?

AEJAZ AHMED (Expert) 28 April 2010
Please clarify about Transaction of "Agreement";
(i)whether it is a moveable or immoveable property.

(ii) Employment Agreement;
Querist : Anonymous (Querist) 28 April 2010
It is a license agreement to manufacture some product on behalf of A
Querist : Anonymous (Querist) 28 April 2010
also please inform, if defendant files a seperate suit on the basis of the agreement will it be barred by O II Rule 2 of CPC.
Suryanarayana Tangirala (Expert) 28 April 2010
No bar in filing another suit.Suit can be filed in Chennai as the agreement was entered in chennai and A is resident of chennai
Querist : Anonymous (Querist) 28 April 2010
Mr. Suryanarayan thanks for you comments. Can you please explain how the suit is maintainble as cause of action is based on the license agreement which exists only due to the inerim order of the HYD court. Other wise it would have been terminated.
can you also provide any apex court decisions
niranjan (Expert) 28 April 2010
Though the agreement was entered at Chinnai,but the same was tobe performed at Hyderabad,so Hyderabad court also has jurisdiction.If the files suit at Chinnai,the same could be stayed under sec.10 of suit being subsequent suit.
Khaleel Ahmed (Expert) 16 June 2010
A can not file seprate suit at chennai.As stated by you , B has already filed suit at hyderabad for same cause of action.Another suit can not be maitainable at Chennai for the same subject matter and between same parties.
Querist : Anonymous (Querist) 17 June 2010
Thank you all for valuable comments

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