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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J
Bhagwan Mishra, Son Of Late Narain Mishra – Appellant
Versus
Ramesh Saluja, Son Of Madan Saluja – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Manjul Prasad, learned counsel for the petitioner and Mr. Shresth Gautam, learned counsel for the respondents.
2. This petition has been filed under Article 227 of the Constitution of India for quashing the order dated 17.04.2023 passed by learned Civil Judge (Sr. Division) V, Ramgarh in Original Suit no. 37/2016 whereby the learned court has refused to accept the plaint filed by transposed plaintiff who was initially impleaded as defendant no.1.
3. Mr. Manjul Prasad, learned counsel for the petitioner submits that by order dated 29.06.2022 the petitioner who was defendant no.1 was transposed as plaintiff. He further submits that the said order of transposition was challenged by respondent no.1 herein by filing C.M.P. No. 1148 of 2023 which was dismissed by order dated 12.07.2024. He further submits that in view of dismissal of the said C.M.P. transposition of the petitioner is not in dispute. He further submits that the Title Suit No. 37 of 2016 was filed by the plaintiff for right, title and interest. He submits that during pendency of the said suit the plaintiff has left for his heavenly abode. He submits that the petitioner was defendan
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
Transposition of a defendant as a plaintiff under CPC requires the original plaintiff to withdraw or abandon the suit, ensuring no multiplicity of proceedings.
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.
Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
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....
Transposition as plaintiff – Trial Court has power to allow application for transposition of defendants as plaintiff, under its inherent power saved by Section 151 CPC.
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