Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Partition suit - Applicant filed application for transposing him as one of petitioners in final decree proceedings, as he contended that deceased plaintiff executed registered Will in his favour - Merely because petitioner is going to be transposed as one of petitioners in final decree proceedings..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Transposition of a defendant can be permitted in case of part abandonment of claim by plaintiff, provided defendant seeking transposition has identical interest with plaintiff vis-a-vis both, contesting defendants and subject property -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendants as plaintiff - Transposition is permitted only where a suit is withdrawn or abandoned by a plaintiff and a defendant applies to be transposed as a plaintiff - Court can allow application having due regard to the question whether the applicant has a substantial question to be decided as against any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs - Neither plaintiffs abandoned suit nor has withdrawn any claim - Even defendants has not filed application for their transposition as plaintiffs - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party - Application U.O.23.R.1-A CPC can be filed in two contingencies: (i) When plaintiff withdraws suit; or (ii) plaintiff abandons suit...........
Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
