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Results of transposition of defendant as plaintiff

Showing : 11-20 of 23 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of party - Compromise between plaintiff and defendant No.1 - Presence of defendant No.2 not necessary in any manner so as to settle any dispute with plaintiff - Suit decided in terms of compromise - Defendant No.2 setting up counter claim against defendant No.1 - Defendant No.2 cannot be transposed as plaintiff..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Can be allowed when plea raised by defendant could be claimed if defendants are transposed as plaintiffs - Relief claimed by defendants was available to them on transposing as plaintiff only when they had claimed the relief of transposing of plaintiff as defendant - Since defendant..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of respondents as appellants in an appeal - Suit by Bank for recovery against principal debtor and guarantor - In appeal L.R's of guarantor, who had since died, sought transposition as appellants - Held, court has power to transfer a defendant to the category of plaintiffs and where the plaintiff agrees such..........

KARNATAKA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff in a suit for partition - In a suit for partition every plaintiff is a defendant and defendant is plaintiff - Every legitimate sharer can claim partition and allotment of his share - It is just and expedient to allow the application to come on record as plaintiff and prosecute the..........

KERALA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Permissible only if suit is withdrawn or abandoned - Defendant cannot be transposed as plaintiff on the ground that plaintiff had gone abroad...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Limitation Act, 1963, Section 21 -- Transposition of party - Where one of the plaintiffs refusing to join as plaintiff was first made a defendant and thereafter transposed as a plaintiff, he is not a new plaintiff - S.21 has no application to cases of transposition of parties...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Limitation Act, 1963, Section 21 -- Not applicable to transposition of parties - Where a plaintiff is made a defendant or a defendant is made a plaintiff - In view of sub - section (2) provisions of Section 21 not applicable - Sub - section (2) of Section 21 applies only to those cases where the claim of person transposed as a plaintiff can be sustained on the plaint as..........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Limitation Act, 1963, Section 21 -- Suit for specific performance of entire property and court - fee paid on entire consideration, party entitled to benefit of contract not joining as plaintiff arrayed as defendant - Transposition of defendant as 3rd plaintiff - Objection that suit agreement falls into two parts - one - half of property proposed to be purchased by original..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff- If the plaintiff withdraws from the suit, defendant can be allowed to prosecute the same by transposition as plaintiff provided the defendant has a substant of question to be decided against other defendants...........

KERALA HIGH COURT

Year of decision: 1988
Details

Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Three conditions (1) The applicant must be a defendant, (2) The plaintiff must have either withdrawn or abandoned the suit (3) The applicant defendant has a substantial question to be decided as against any of the other defendants...........

Showing : 11-20 of 23 Results