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.





The case is pending in higher court.


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


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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