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D. BHARATHA CHAKRAVARTHY
Nalini Sekaran – Appellant
Versus
Ilangovan – Respondent
ORDER :
PRAYER : Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and executable order dated 23.12.2021 passed in the application in I.A.No.4 of 2021 in O.S.No.518 of 2011 on the file of the Additional District Munsif Court, Tirumangalam.
This Civil Revision Petition is directed against the fair and decretal Order of the learned Additional District Munsif, Thirumangalam dated 23.12.2021 in I.A.No.4 of 2021 in O.S. No.518 of 2011. By the said Order, the learned District Munsif allowed the application filed under Order XXIII Rule 1A read with Section 151 of the Code of Civil Procedure, filed by the first respondent/petitioner/10th defendant to transpose himself as the second plaintiff.
2. The suit was filed by one Annal Packiyam, against 8 defendants in 2011. The case of the plaintiff is that by a series of transactions, the suit properties came to be vested in the plaintiff, she having purchased the same. While so, she was shocked to know that one of the predecessors in title, Neerukathalingam had sold the property in favour of one Panjavarnam Ammal and who had in turn executed documents in favour of the defendants 1, 2 and t
Transposition of a defendant as a plaintiff under CPC requires the original plaintiff to withdraw or abandon the suit, ensuring no multiplicity of proceedings.
Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
Local amendment to Order 1 Rule 10 empowers courts to transpose defendants as plaintiffs at any stage; Order 23 Rule 1A limited to withdrawal/adjustment of suits, inapplicable otherwise.
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
Transposition application under Order 1 Rule 10(2) CPC rejected at belated stage post-written statement and evidence closure due to lack of diligence, inconsistent adversarial stand, and suspected ex....
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....
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