transposition so that no
such contention is taken against the
petitioners and on this ground, he also
submits that the transposition application was
required ... application was exfacie barred
by the law of limitation, it cannot be
considered at the time of considering an
application for transposition, but would have
applications by the learned Court.
6. However, with respect to the application for transposition of the
defendant as 2"^^ plaintiff is concerned ... transposition was filed under Section 151 CPC, whereas there
was specific provision for transposition under Order 23 Rule lA of CPC , but the
application
while contending that the learned Single Judge has rightly
dismissed the application for transposition as Order XXIII Rule 1A is
the sole repository ... considered opinion that where a Defendant
moves an application for transposition, the right to oppose is not
confined exclusively to the Plaintiff. Order XXIII Rule
same is neither relevant nor
germane to consider an application for transposition; it is therefore
clear that merely because the petitioner - defendant ... other
parties to the suit were notified with regard to transposition
application filed by the petitioner/defendant No.24. Even
notice and
infact they were unrepresented at the hearing of said
transposition application.
Thereafter on 29.04.2024 the said sole appellant
namely Avik Sengupta submitted that ... also
given consent to such transposition. It is also not the
case of the opposite parties that the transposition
application was served upon the aforesaid
notice and
infact they were unrepresented at the hearing of said
transposition application.
Thereafter on 29.04.2024 the said sole appellant
namely Avik Sengupta submitted that ... also
given consent to such transposition. It is also not the
case of the opposite parties that the transposition
application was served upon the aforesaid
DIRECTIONS
IA No. 34804/2022 - INTERVENTION APPLICATION
IA No. 95875/2021 - INTERVENTION APPLICATION
IA No. 36260/2025 - INTERVENTION APPLICATION,
I.A. NOS.224834/25, 227875 ... 85245/2021 - APPLICATION FOR LISTING REVIEW PETITION IN OPEN
COURT, IA No. 267087/2025 - APPLICATION FOR TRANSPOSITION
IA No. 267071/2025 - APPLICATION FOR TRANSPOSITION
DIRECTIONS
IA No. 34804/2022 - INTERVENTION APPLICATION
IA No. 95875/2021 - INTERVENTION APPLICATION
IA No. 36260/2025 - INTERVENTION APPLICATION
R.P.(C) No. 782/2021 ... 85245/2021 - APPLICATION FOR LISTING REVIEW PETITION IN OPEN
COURT
IA No. 267087/2025 - APPLICATION FOR TRANSPOSITION
3
IA No. 267071/2025 - APPLICATION FOR TRANSPOSITION
defendants then file an application seeking transposition as
plaintiffs. The suit is for partition. In a suit for partition, the
difference between the plaintiff ... would get a share in the suit schedule property.
Therefore, the application for transposition comes to be
allowed. This is what is challenged before this
paragraphs.
20. The Respondent No.2(iii), by way of his application, sought
transposition as a Plaintiff with an intent to continue the Civil Suit ... adjudicated.
21. Whereas, the Appellant in its reply to the aforestated
application for transposition contended that transposition could not be
allowed, as the cause
