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GANGAM.RAJENDER. (advocate)     13 February 2022

Can a defendant seek injunction order.

Can a defendant seek injunction under order 39 rule 1(a) of cpc.?



Quick Summary
Yes, a defendant can indeed seek an injunction order against the plaintiff within the same lawsuit. The provisions of Order 39 of the Code of Civil Procedure (CPC) do not restrict this right solely to the plaintiff. While a defendant can apply for an injunction, the success of such an application will depend on the specific facts and circumstances of the case, which require a thorough review of the judicial file.

 4 Replies

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. 

 

Regards

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.

GANGAM.RAJENDER. (advocate)     17 February 2022

Thank you Sir, for your valuable information.


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