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
petitioner objected to
withdrawal of the revision application and prayed for his
transposition as revisionist. She submitted that just to defeat the
rights ... have permitted withdrawal of the revision application but
ought to have ordered transposition of the petitioner as revisionist
so that the respondent
learned Advocate Mr.Ravani however
submitted that the said transposition
of the present applicants, who were the
appellants alongwith Lalitbhai
Jesangbhai Parmar was carried ... appellantLalitbhai Jesangbhai
Parmar and had not informed him about
the transposition of other appellants
as the respondents and about the
withdrawal of the Second
taken on behalf of the opponent here, that the first order of transposition was made on the 25th January, 1960 and that there ... prayer and that therefore in this revision application the order of transposition cannot be questioned. It may be stated at this stage that the amendment
made a plaintiff. Section 21 has no application to cases of transposition of parties. Since transposition also involves addition of a plaintiff or a defendant ... originally filed or where person remaining as a plaintiff after the said transposition can sustain his claim against the transposed defendant on the basis
filed by the original plaintiffs, the State Government made an application for transposition, but, on 17th September, 2003, the application for transposition was withdrawn ... accordingly, stood disposed of. On 23rd September, 2004, yet another application for transposition, which was earlier filed, was withdrawn and it came to be rejected
Tinaben Behram Mehta vs Koteshwar Mahadev Hindu Dharmik ... on 17 December, 2019
Author: Biren Vaishnav
application for withdrawal of
the writ petition, is allowed, they be transposited as writ
petitioners to pursue the reliefs sought therein.
(8) Mr. Yatin ... assignment deed, mentioned above. It
was pressed that the applicants may be transpositioned as the
petitioners, in case the original writ petitioners are permitted
vide Ex. 132 in Regular Civil
Suit No. 91 of 2001 seeking transposition of respondent no.1
and petitioner no.2 herein in place ... petitioner no.2 company.
8. It was further submitted that application for transposition
is rightly allowed by the court. It was further submitted that
plaintiff as Order XXIII Rule
1A only deals with a situation where transposition is possible
when the plaintiff abandons or withdraws suit. Therefore, not
only ... defendant is ready and willing to proceed as trustee and
therefore, transposition should have been allowed.
[7.1] Shri Gandhi, further submitted that if the application
