Showing : 1-10 of 17 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A-- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - A pro forma defendant, who has a substantial question to be decided against co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against said co-defendant in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A-- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - Transposition of defendant as plaintiff - Court can allow transposition for effectual and comprehensive adjudication of all the matters in controversy in the suit, only when defendant seeking transposition is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of plaintiff Nos.3 & 4 as defendants - Necessary party - Plaintiff has every right to array petitioner-transposed defendants as defendants, particularly when they were taking side of defendant and took U-turn by withdrawing suit on their part which was filed collectively along with..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of defendant as plaintiff - Original plaintiff ceases a party to the suit - It is in effect withdrawal and abandonment of a suit - Original plaintiff is precluded from instituting another suit for the same relief based on the same cause of action - Suit acquires character of another..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of parties - Partition suit - A party can claim transposition from category of defendant to category of plaintiff and vice versa in a partition suit, as position of parties are interchangeable - Per se transportation is not prohibited in partition suit - Even from the point of view..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Transposition of defendant as plaintiff - Can be made only when defendant has some interest in common with that of the plaintiff - A proforma defendant can be transposed as plaintiff only when interest and identity are same between the plaintiff and one or more of the defendants - A person, whose..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Application for transposition at appellate stage - Respondent No.3 filed an application for transposition as appellant in appeal filed by legal heirs of plaintiff - He was already arrayed as defendant in suit and also as a respondent in said appeal and was also examined in the proceedings as..........
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..........
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..........
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..........

Showing : 1-10 of 17 Results