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
question to be decided.
12. The law relating to the transposition of the defendant as plaintiff is no
longer res integra. This Court speaking through ... this Court considered the discretionary powers of a
Court to order transposition. In paragraph 3 of its judgment, the
Division Bench held as follows
right provision is Order XXIII
Rule 1A of the Code seeking his transposition as the plaintiff
since, the original plaintiff wanted to withdraw the suit ... Writ Appeal &
later in SLP has been dismissed; the request for transposition
having been opposed by the respondents herein, the learned
trial judge vide
Municipal Corporation Act, 1955, he submits that
any amendment, transposition or deletion of any entry in the
electoral roll or any inclusion of the name ... relates to the city or any portion thereof.
Provided that any amendment, transposition or deletion of any
entries in the electoral roll, or any inclusion
extracted hereinafter, impose a
blanket injunction, upon the Court concerned, against the transposition of
the accused concerned, from judicial, to police custody, imperatively upon
elapse ... remain, yet alive.
Therefore, he contends that there would be no impermissible transposition
of the accused-respondent hence from judicial to police custody, nor also
Code of Civil
Procedure (for short the Code) by the petitioners seeking
transposition of the respondent Nos. 2 to 4as party plaintiffs in a suit ... they are
required to be construed as plaintiffs by applying principle of transposition.
3. Before appreciating rival contentions of the parties, it is necessary
Order 23 Rule 1-A C.P.C does not provide for transposition of the Plaintiff as
the Defendant. But, the power of the Court ... just and necessary to
transpose him as the Defendant. The Application for transposition of the Third
Plaintiff need to be countenanced in the interest
2002 whereby the application of the respondent no. 2
herein for transposition as a plaintiff was permitted.
The brief facts of the case is that ... thereupon an application was filed by the
defendant no. 1 (6) for transposition as the plaintiff no.2 which was
registered as petition
respondent i.e. Chandrashekhar Ahirrao for transposition as
petitioner in this writ petition. Interim Application No. 2535 of 2020 is
filed by the respondent ... stated that one of the respondent no.1 may apply for his
transposition, if the petitioner seeks to withdraw this writ petition. This
Court accordingly
respondent i.e. Chandrashekhar Ahirrao for transposition as
petitioner in this writ petition. Interim Application No. 2535 of 2020 is
filed by the respondent ... stated that one of the respondent no.1 may apply for his
transposition, if the petitioner seeks to withdraw this writ petition. This
Court accordingly
