Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 1, 10, Civil Procedure Code, 1908, Section 2(11) -- Transposition of party - Refusal of prayer for transposition on technical grounds defeats the object and scheme of S.2(11), O.1.R.10, O.22.Rr.1, 10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Period of limitation is not involved in the transposition of a party from one rank to another or to recognize him as LR of a deceased party...........
Civil Procedure Code, 1908, Section 107, Order 1, Rule 10(2) -- Transposition of a party - Powers of appellate Court - U.O.1.R.10(2) & S.107 CPC, Appellate Court has power to transpose respondent as appellant or an appellant as respondent in the ends of justice...........
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 - Transposition is permissible even at the appellate stage as appellate court u/s 107 CPC has same powers as court of original jurisdiction i.e. trial court, therefore, O.1.R.10 CPC is applicable at appellate stage also...........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Transposition of one of respondents as 2nd petitioner - Effect - Held, mere transposition cannot avail to 2nd petitioner to contend that grounds required under law have been established - If 2nd petitioner as a co-owner of premises has any contention to urge that he requires premises, it has to be..........
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..........
