Maintainability of civil defamation suit


Whether a Civil Defamation Case is maintainable if a complaint is already pending in court against which defamation has been claimed.

If not maintainable please give a case reference.

I have made a complaint against a person against whom he was discharged.  however the case case is still pending for adjudication.

Can the accused file a civil suit for damages against me.  Is it maintainable when the complaint against him is already pending.

 

thanks

 

 
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The case is pending in higher court.

 
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If the original complaint or suit is pending in court in such case civil suit for defamation is not maintenable. 

 
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The original complaint is still pending in hon'ble high court u/s 482.  where as the accused have filed the civil suit for damages arising out of the original case.

Can I file application for dismissal of civil suit.  If yes, under what process. Case reference would be helpful. thank you so much

 
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