that the provisions under CPC do not permit a
Plaintiff to be transposed as a Defendant.
5.1 Mr. Mishra, learned counsel further submits that Order ... XXIII Rule 1(A) CPC clearly stipulates
that a Defendant can be transposed as a Plaintiff, but there is no
bar under law to transpose
filed an application under Order I Rule
10 (2) CPC to be transposed as Plaintiff. On being transposed, the
Petitioner filed two applications ... present application has been filed assailing the order refusing the
Petitioner (transposed Plaintiff) to adduce further evidence.
5. Mr. Bose, learned counsel for the Petitioner
Opposite Party No.7,
learned trial Court allowed him to be transposed as one of the
Plaintiffs.
3. Mr. Bhuyan, learned counsel for the Petitioner ... Rule 10 (2) read with Order XXIII Rule 1-A CPC to transpose
her as Plaintiff No.5 in the suit. The Defendant
application filed by
the Petitioners- Defendant Nos.5 to 7 to be transposed as
Co-Plaintiffs, has been dismissed.
3. It submitted by Mr. Mishra ... also filed by the Petitioners-Defendant Nos.5 to
7 to be transposed as Plaintiffs. Learned trial Court, while
allowing the petition filed by Plaintiff
Court allowed an application filed by the Defendant No.2
to be transposed as Plaintiff entertaining an application under
Order 1 Rule ... read with Order XXIII Rule 1 (A)
C.P.C . to be transposed as Plaintiff. Learned trial Court
without appreciating that Smt. Saraswati Patra
maintainable.
3
Respondent No.2 has also filed an application to transpose as
appellant to prosecute the appeal as he is the only legal heir ... filed an application as
Misc. Case No.45 of 2014 to be transposed as appellant.
Subsequently, when the matter was taken
order dated 20.12.2018, this Court allowed the Petitioner to be
transposed as plaintiff, but he did not cooperate with the Court to
sign the plaint ... transposed as plaintiff for which the order of
his transposition as plaintiff was recalled. Assailing the said order,
the Petitioner preferred
issue involved in this CMP is that whether a
Defendant can be transposed as Plaintiff in a partition suit when
the suit itself has abated ... Defendant(s)
and the Defendant(s) can pursue the suit on being transposed as
Plaintiff(s). He also relied upon a decision of the Calcutta
filed an application under
Order I Rule 10(2) CPC to be transposed as Plaintiff, which was
allowed. On being transposed, the Petitioner filed ... posted for argument. Further, it appears that the Petitioner has
been transposed as Plaintiff on her death. Thus, he stepped into
Page
died and Defendant No.4,
her son, namely, Sujit Kumar Bhanja was transposed as
plaintiff vide order dated 20th February, 2016. After being
transposed ... particulars of the properties. However, on her death, Defendant
No.4 was transposed as plaintiff vide order dated 20th February,
2016 and filed an application
