Mukti Dutta vs Vijay Bhushan & Ors on 4 January, 2024
In this regard, the Bombay High Court in the case of
Nalini vs Deepak Manohar Gaikwad, 2020 SCC OnLine Bom 2577 held
that the transposition of a defendant can be permitted in case of part
abandonment of the claim by the plaintiff, provided the defendant seeking
transposition has identical interest with the plaintiff vis-a-vis both,
contesting defendants and subject matter property. If there is a conflict of
interest between plaintiff and defendant seeking transposition, in respect of
even one defendant or in respect of even one of the suit property, then
transposition of such defendant can not be permitted. The obvious reason
for such interpretation is that if such Defendant is permitted to be
transposed in a suit, then it would virtually mean that there will be more
than one set of causes being permitted amongst parties in one suit and that
will be clearly a mis-joinder of cause of action or a mis-joinder of parties or
both.