Legal Dictionary of Pakistan

Circuity of action is, when an action is rightfully brought for a duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the suit saved: a

circuity of action

A procedure allowing duplicative lawsuits, leading to unnecessarily lengthy and indirect litigation, as when a defendant fails to bring a counterclaim, but later brings a separate action to recover what could have been awarded in the original lawsuit. 0 Civil-procedure rules have eliminated many problems associated with circuity of action."Circuity of action is, when an action is rightfully brought for a duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the suit saved: and because the same action was more than needful, it is called circuity of action." Termes de la I.ey 87 (1st Am. ed. 1812).