hence having forgone the right of appeal, now he cannot get himself transposed as appellant by a circuitous route. Such transposition could not be justified ... dated 24.12.2008. The applicant seeking transposition had an opportunity to get himself transposed during the pendency of the suit, but, he did not avail
defendant No.5. Application moved by
defendant No.5 for being transposed as plaintiff was dismissed by
the trial Court. However, vide the impugned order ... success
of the defendant--respondents in the suit of their being
transposed as plaintiffs, I can only take into account if
their suit, even
just,
proper and in the interest of justice that the applicant be
transposed as appellant in the present appeal and the rights and
interest ... respondents will be adversely
affected if the applicant is permitted to be transposed as
appellant. The applicant having chosen not to file an appeal
separately
persons
became plaintiffs in the suit filed by Sakhir Chand Dhawan.
The transposed plaintiffs sought specific performance of the
respective agreements against the Defendant ... performance of their
agreement. They also contended that, the claims of the transposed
plaintiffs were barred by the laws of limitation.
When Sakhir Chand Dhawan
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
VERSUS
SMT. SARASWATHI GOPINATH & ORS. Respondents(s)
(with appln. (s) for transposing respondents as petitioners and
prayer for interim relief and office report)
Date ... 39147 of 2012
The application for transposing respondent no.3 as
a
petitioner is allowed, in terms of the prayer made. Respondent
situation take
recourse to Order 1 Rule 10 of the Code and transpose any such
25/54
https://www.mhc.tn.gov.in/judis ... defendant as plaintiff and transpose the plaintiff as a defendant.
There may be a case where the propounder having transferred his
interest in the property
situation take
recourse to Order 1 Rule 10 of the Code and transpose any such
defendant as plaintiff and transpose the plaintiff as a defendant ... Basudeb Narayan v. Shesh Narayan : AIR
1979 Patna 73 : that Court may transpose a defendant as a
plaintiff. Not only this has been codified
