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1971 Supreme(Goa) 7

C.M.RAO
Francisco Xavier Antonio Nazare – Appellant
Versus
Sylvia Angela Alvares – Respondent


Advocates:
S.K. Kakodkar, for Applicant.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court has the authority to transpose a defendant as a plaintiff at any stage of the suit to resolve all questions involved and prevent multiplicity of proceedings [judgement_subject][judgement_act_referred].

  2. However, such transposition should be done cautiously to avoid creating conflicts between plaintiffs and to ensure that the decision aligns with legal principles and is just, considering the specific circumstances of the case [judgement_subject].

  3. In this case, the petitioner, a defendant, sought to be transposed as a plaintiff under Order 1, Rule 10 of the Civil Procedure Code, arguing that any order in the suit would impact the rights of all parties involved in a partition deed (!) [16000002080001].

  4. The court held that the petition could not be granted at the current stage because it was unclear whether the petitioner accepted the allegations in the plaint. It suggested that the petitioner and other pro forma defendants could be transposed as plaintiffs after the written statement was filed [16000002080002].

  5. The court emphasized that while it has the power to transpose parties at any stage, it must ensure that such action does not cause conflicts between plaintiffs and that the decision is lawful and equitable [judgement_subject].

  6. The order of the lower court was upheld, affirming that the petitioner’s request was premature at this stage and that the appropriate time for transposition would be after the written statement, if necessary [16000002080002].

  7. The court dismissed the revision petition, concluding that the lower court’s decision was lawful, just, and appropriate based on the circumstances, and that the petitioner’s argument did not establish a legal basis to alter the order [16000002080003][16000002080004].

If you need further analysis or specific legal advice related to this case, please let me know.


ORDER :- This is a petition to revise the order of the Civil Judge, Senior Division, Mapuca, dated 24-2-1971 in civil suit No. 73/70 on his file as far as it relates to the rejection of the petition under Order 1, Rule 10, C.P.C. filed by the petitioner herein.

2. The respondents herein had filed suit against the petitioner and five others for declaration that the partition deed dated 28-5-1968 executed by the plaintiffs, petitioner and five others was null and void and was not binding on them and for some other ancillary reliefs. Before filing the written statement the petitioner herein who was the second defendant in the suit, filed petition under O. 1, Rule 10, C.P.C. contending that he was impleaded as a pro forma defendant, that any order passed in the suit would affect the rights of each and every party to the partition deed in question, that even according to the plaintiffs he was a party to the said partition deed and that he, his wife and all the persons who were impleaded as pro forma defendants were fit to be transposed as plaintiffs. That petition was opposed by the respondents-plaintiffs. One of the grounds stated by them was that it was not known whether the petitioner




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