2021 (IV-B)
IA No. 57805/2022 - APPLICATION FOR TRANSPOSITION)
SLP(C) No. 743/2021 (IV-B)
SLP(C) No. 1311/2021 ... FILING)
SLP(C) No. 3957/2021 (IV-B)
FOR APPLICATION FOR TRANSPOSITION ON IA 27063/2022
IA No. 27063/2022 - APPLICATION FOR TRANSPOSITION
facts in such manner as may be prescribed. (3) No amendment, transposition or deletion of any entry shall be made under section
attorney and moved an application (IA No. 468 of 2003) for transposition of the
plaintiff No. 5 and his purchasers (plaintiff ... After having, thus, been transferred and renumbered with addition
and transposition in the array of parties, the suit in question proceeded in trial
but, when
disposed of the suit without considering the prayer of the petitioner for transposition of the parties and restoring the possession of the suit property ... Barot is that the learned trial Judge should have permitted transposition because the petitioner has a substantial question to be decided against opponent
filed by the respondent,
as also, the subsequent application for transposition under Order
I Rule 10.
9. Accordingly, on 21.9.2019, the matter was posted ... minor child. It is stated that no notice of the transposition
application was ever served on the appellant nor was he given
notice regarding hearing
order dated 7-7-2005 the trial court allowed the application for transposition and it is against the said order that the 2nd defendant ... provisions of Order 23 Rule 1-A CPC , which provides for transposition of defendants as plaintiffs. Order 23 Rule 1-A C.P.C . reads
contesting defendant. The other three applications, i.e., the two applications for transposition and the plaintiff's application for withdrawal of the suit were ... common order dated June 15, 1976. While allowing both the applications for transposition, the learned Subordinate Judge has held that the plaintiff's application
Rule 10, C.P.C . has no right to seek the transposition, when the person to be so transposed is not ready ... rather opposes such transposition.
9. The right of transposition vests in the person, who acquires the rights from the original plaintiff. The transposition as plaintiff
hearing the parties, while disposing of the appeal, allowed the prayer for transposition of defendants Nos. 6 to 11 as co-plaintiffs and directed amendment ... framed; and (4) that the lower appellate Court erred in allowing transposition of defendants Nos. 6 to 11 as co-plaintiff as thereby the character
opposite party.
4. Even if it be said that the petitioner wanted transposition of the parties, I have no doubt that no such transposition could ... There is no provision in the C. P. C., allowing such a transposition of parties as suggested by the petitioner. What is not provided