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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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.

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