interested in pursuing the suit, the Court ought to have transposed her as the plaintiff and transposed plaintiff as a defendant in the suit ... cause of action against such plaintiff, may be allowed to be transposed as plaintiff in the suit..... Where an application simpliciter has been made under
RULE 10(2) - STRIKING OUT OR ADDING OF THE PARTIES OR TRANSPOSING OF PARTIES UNDER - HELI) - The Court can by suo-motu ... application of any of the defendants may transpose a defendant as plaintiff - Transposition can be made to do complete justice between the parties and with
interested in pursuing the suit, the Court ought to have transposed her as the plaintiff and transposed plaintiff as a defendant in the suit ... cause of action against such plaintiff, may be allowed to be transposed as plaintiff in the suit........"
"Where an application simpliciter has been
cause of action against such plaintiff,
may be allowed to be transposed as plaintiff in
the suit...."
"Where an application simpliciter has been ... denied
the defendants their lawful right to prosecute the suit
by getting transposed as plaintiff. The contention
based on the decision of the Supreme Court
Immediately thereafter second plaintiff filed an application for
getting himself transposed as 5th defendant and said
application came to be allowed on 03.09.2003 and records ... trial court would indicate that second plaintiff was transposed
as 5th defendant on 03.09.2003. Though original plaint has
not been amended as was required typed
Section 151 of CPC seeking to transpose
herself from position/rank/status of defendant No.4 to that of
plaintiff No.3 in the suit ... under Order I Rule 10 of CPC seeking to
transpose herself from position/rank/status of defendant No.4 to
that of plaintiff
defendants to
make submission as regards, whether they want to be transposed ... expressly / specifically sought for permission to continue both the
suits by transposing themselves as plaintiffs in both the suits. In
the aforesaid judgment
defendants to
make submission as regards, whether they want to be transposed ... expressly / specifically sought for permission to continue both the
suits by transposing themselves as plaintiffs in both the suits. In
the aforesaid judgment
suit as not pressed. Respondents No.7 to 15
requested to transposing themselves as plaintiffs and to
continue the suit. Subsequently, when the petitioners-plaintiffs ... which the trial Court proceeded to
pass the impugned order dated 04.07.2017 transposing
defendants No.7 to 15 as additional plaintiffs
defendant who is one of
the sons of the plaintiff was transposed as plaintiff.
4
3. The defendant No.1 made the claim that ... plaint are his self-acquired properties. The
transposed plaintiff also has claimed that his father had
executed a Will in his favour and hence