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某一事件或交易的双方当事人都据此事件或交易主张权利,这种情况绝非罕见。比如,交通事故的双方当事人都坚持对方有过错,要求对方赔偿自己的损失;买主会以货物有瑕疵为由要求返还定金,而卖方则坚持要求买方交付尚未交之价金。要是当事人一方提起诉讼,主张其权利,那么,作为对方当事人的被告人就不仅有权反驳原告的诉讼请求使之败诉,而且还可以获得一个根据自己向原告提出的诉讼请求作出的判决。被告人能否在同一个诉讼中
It is not uncommon for both parties to an event or transaction to assert their rights under such event or transaction. For example, both parties to an accident insisted that the other side had a fault and required the other party to compensate for its own losses. The buyer would request the return of the deposit on the basis of defective goods, while the seller insisted the buyer to pay the outstanding price. If one of the parties files a lawsuit and claims its rights, the defendant, as the other party, not only has the right to refute the plaintiff’s claim but also to obtain a judgment based on his own claim to the plaintiff. Can defendants be in the same suit?