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
defendants. Therefore, the applicant
had prayed that she be allowed to be transposed as plaintiff in the
present case and the plaintiffs have no objection ... mainly stated
in the reply that Raj Kaur cannot be transposed as a plaintiff.
VANDANA VERMA
2014.09.22 11:46
I attest to the accuracy
court below rejected the application filed by
the present petitioner for being transposed as plaintiff in the suit.
3. The learned counsel for the petitioner ... plaintiff and this petitioner is same, therefore, if
the petitioner will be transposed as plaintiff, no prejudice will be
caused to anyone. Secondly, the learned
said petition, the opposite party claimed to pass orders to
transpose him as appellant in place of the sole deceased appellant.
6. The learned lower ... directed substitution of the legal
representative of the sole deceased appellant by transposing the
present opposite party, who was the respondent
meantime, petitioner-
defendant No.11 has moved an application (Annexure P1) to transpose him
as plaintiff No.5. The trial Court dismissed the same ... other plaintiffs in the suit land, so, he
is liable to be transposed as plaintiff No.5, is neither tenable nor the
observations of this
Trial Court has allowed the application filed by respondent
No.3 to transpose him as second plaintiff.
3. Aggrieved by that, the petitioners have filed ... said suit, the respondent No. 3 has filed
application to transpose him as second plaintiff. The Trial
Court by its order dated
Court has rejected I.A.No.XI filed by the petitioners to
transpose the first respondent as plaintiff No.3 in the suit ... second
petitioner. Thereafter, the petitioners have filed I.A.No.XI to
transpose the first respondent as plaintiff No.3 in the suit.
The trial
Constitution of India.
2. The said petition was filed for transposing the second
defendant in a suit for partition (O.S.No.193/2014 ... will give a right to any of the existing
defendants to transpose himself/themselves into the party array
of the suit as plaintiffs or additional
defendants. Thereafter, the plaintiffs 2 &
3 filed the present application to transpose the plaintiffs as plaintiffs 1
and 2 and to transpose the first ... gave answers in favour of the defendants, therefore, she should be
transposed as 9th defendant in the suit.
5. The contention of the plaintiffs
rejected while the second defendant's application
permitting him to be transposed as plaintiff No.2 came to
be allowed.
3. Learned counsel ... prejudice will be caused to defendant No.1 if the
order transposing defendant No.2 as plaintiff No.2 is
maintained. In the circumstances
