Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
K.G. Shankara BABU, S/o. Late Govindappa – Appellant
Versus
M. Chandra Shekar, S/o Late K. Munishamappa – Respondent
| Table of Content |
|---|
| 1. initial consideration of the case and parties involved. (Para 1 , 2) |
| 2. debate surrounding the plaintiff's application to withdraw the suit. (Para 3) |
ORDER :
Heard Sri.Shivaraju M.K., learned counsel appearing for the petitioner, Sri.Lakshmikanth K., learned counsel appearing for respondent Nos.1 and 2 and have perused the material on record.
3. This court in SHESHAMMA vs. RAMESH KUMAR AND ANOTHER , 2025 SCC OnLine Kar 14708, at paragraphs 9, 10, 13 to 17 has held as follows:
“…. …. ….
8. Therefore the question that arises for consideration is, whether in a partition suit, the plaintiff can be permitted to withdraw the suit, or whether a suit can be dismissed as settled out of Court between plaintiff and some of the defendants, when other defendants have also sought partition and separate possession.
10. in Jagmohan v. Dera Radha Swami Satsang, [(1996) 4 SCC 699 : AIR 1996 SC 2222.] the Supreme Court has held that a counter claim is no longer confined to money claims or to a cause of action of the same nature as original action of the plaintiff. This Court, while considering the nature and scope of a counter claim, as contrasted from a set off, in State Trading Corporat
In a partition suit, unilateral withdrawal by a plaintiff is not permitted if it adversely affects defendants' rights; defendants can assert claims by transposing themselves as plaintiffs.
In partition suits, transposition of defendants as plaintiffs must be considered based on substantial claims; the court erred in denying this request without proper assessment.
The main legal point established in the judgment is that transposition of a defendant as a plaintiff is permissible only if their interest is identical to that of the plaintiff and they have a substa....
When transposition of defendants as plaintiffs may be permitted.-Where a suit is withdrawn or abandoned by a plaintiff under rule 1, Court shall, in considering such application, have due regard to q....
The legal representatives of a deceased counter claimant can be transposed as claimants in the counter claim, and the right to sue survives on the surviving family members.
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
If a formal defect can be rectified by way of amendment, there is no necessity to seek withdrawal of suit.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
