preemption Misc. Case
no.22 of 1995 for being transposed from the category of
proforma opposite parties to that of the petitioners. The prayer
made ... said proforma opposite parties to be transposed as
petitioners in the said Misc. Case alongwith the existing
petitioner for jointly proceeding with the preemption case
been appointed as an executor thereof. He
accordingly, prayed to be transposed in place of
deceased plaintiff by way of substitution. The
petitioner filed ... legal heirs of the said
deceased mother and are entitled to be transposed in
the category of the plaintiff. It is further argued that
favour of the learned Advocate for the
appellants. Therefore, they may be transposed as
respondent in the instant appeal.
6. The contesting respondents have filed ... purpose of complete
adjudication of the questions involved. A defendant
can be transposed to the category of plaintiff and
vice-versa. Apart from Order
proceed with the said
proceeding regarding the same Will after transposing himself as the
plaintiff after converting the probate case into one application for letters ... filed under Section 151 of
the Civil Procedure Code praying for transposing him as the plaintiff in
that other suit was also rejected
being CAN No.4229 of
2002 the petitioners have prayed for being
transposed as appellants in place and instead of
original plaintiffs / appellants.
There ... abandoned
8
the appeal for which the petitioner proforma
respondents should be transposed in place of
original plaintiffs / appellants. It is true that there
proceed with the said
proceeding regarding the same Will after transposing himself as the
plaintiff after converting the probate case into one application for letters ... filed under Section 151 of
the Civil Procedure Code praying for transposing him as the plaintiff in
that other suit was also rejected
Rule 10(2) of the Code of Civil
Procedure for being transposed to the category of plaintiff.
Such application was allowed by the learned Trial ... order being No.109 dated November 16, 2022.
After being transposed to the category of the plaintiff,
Smt. Jayasree Kar filed an application under Section
Procedure thereby praying that the plaintiff nos. 5 to 8 may
be transposed to the category of defendants, as the said plaintiff are now
supporting ... fate of the right of the other plaintiffs sought to be
transposed in the category of defendants.
The aforesaid considerations are totally irrelevant
whereby he surreptitiously resorted to unfair means
by misleading this court in transposing the rest of the
appellants to proforma respondents to establish
2
himself ... heirs of appellant no.1 to 5 and 7 were
transposed from the array of the appellants to the
category of proforma respondents
whereby he surreptitiously resorted to unfair means
by misleading this court in transposing the rest of the
appellants to proforma respondents to establish
2
himself ... heirs of appellant no.1 to 5 and 7 were
transposed from the array of the appellants to the
category of proforma respondents
