Can a defendant seek injunction under order 39 rule 1(a) of cpc.?
Advocate Bhartesh goyal (advocate) 14 February 2022
Yes in same suit defendant can also seek injunction against plaintiff.
Shubham Bhardwaj (Advocate) 14 February 2022
Dear Mr Rajender,
I agree with learned advocate Sh Bhartesh Goyal G. A Defendant can also apply for injunction under Order 39 CPC. The words of Order 39 CPC does not restrict such an application by defendant.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Dr J C Vashista (Advocate) 15 February 2022
Defendant can apply and obtain injunction, counter-claim and set-off,
It depends upon facts and circumstances of the case, which can not be presumed but it can be ascertained only after perusal of judical file.