Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Permissible only on abandonment and withdrawal of suit by plaintiff...........
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 suit instituted by the..........
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 of frame of suit,..........
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 interest is adverse to the..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Application for transposition - Limitation u/s 21(2) of Limitation Act does not apply in case of transposition, where a plaintiff is made a defendant or a defendant is made a plaintiff...........
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 plaintiff witness -..........
Civil Procedure Code, 1908, Section 152, Order 1, Rule 10 -- Transposition of defendant as plaintiff after decretal of suit - Not permissible - As per S.152 CPC only the clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from the accidental slip or omission can be corrected by Court either of its own motion or on the application of..........
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..........
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..........
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..........
