Bharath Kumar. V - Adv for
2
O.S.No.17613/2005
Transposed Plaintiff No.2]
[Transposed Plaintiff No.2 died
during pendency]
V/s
Defendants ... 707A, 12th Cross,
Vinayakanagar, HAL PO,
Bangalore-560 017.
(Now Transposed to Plaintiff No.2)
2. Mrs. Rita Saldanha,
D/o Late J. F Saldanha
which the application of the respondent
no.1 for transposing himself as well as the petitioner no.2
company as plaintiffs in Regular Civil Suit ... which the application of the respondent no.1 for transposing
himself as well as the petitioner no.2 company as plaintiffs in
Regular Civil Suit
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
defendant herein has filed I.A. No. 439 of 2017 seeking to transpose
himself as the 5th plaintiff in the suit proceedings. The trial Court ... refused
to transpose the petitioner/first defendant as fifth plaintiff in the suit and
dismissed the application by order dated 25.07.2017. Aggrieved by the
said
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
Section 151 of Civil Procedure Code (for short ' CPC ') to transpose
her as applicant No.3 from respondent No.8.
3. This application ... have allowed IA No.2 of 2020
permitting the petitioner to transpose herself as applicant
No.3 from respondent No.8;
ii) The trial Court
group of Appellants, he must file hiw own
appeal or must be transposed as a Respondent.
Alternatively, he must make an arrangement to have ... other Appellants transposed as Respondents. What
Kalpesh Shah proposes, that he will argue the Appeal
regardless of what the other Appellants want and
regardless
being the legal heirs of
deceased plaintiff-Bal Kishan Shokeen, may be transposed as plaintiffs in
place of deceased plaintiff-Bal Kishan Shokeen.
5. Learned ... Shokeen that all
the properties were being HUF, is entitled to be transposed as the plaintiff.
6. Learned counsel on behalf of the defendant
Procedure, a
prayer has been made by the proforma defendants/applicants to
transpose them as plaintiffs in the suit.
In terms of the averments made ... case this
application is allowed and the applicants are ordered to be
transposed as plaintiffs in the suit.
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that MRT has assumed jurisdiction, which was not
invested in it by transposing the respondent ... been pleaded in these paragraphs that the order of MRT to
transpose respondent nos.7 and 8 therein as petitioners, was
without jurisdiction particularly when
