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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan
Urumi Guruvappachetti, Urumi Rengnayagammal Trust – Appellant
Versus
Thangaraj – Respondent
| Table of Content |
|---|
| 1. definition of revision petitioner and context of the case (Para 1 , 2) |
| 2. submission of counsel and opposing arguments (Para 3 , 4) |
| 3. consideration of rival contentions (Para 5) |
| 4. conditions for transposition under cpc (Para 6 , 7) |
| 5. exhaustiveness of order xxiii rule 1-a (Para 8) |
| 6. transposition to avoid multiplicity of proceedings (Para 9) |
| 7. implications of transposition on pleadings (Para 10) |
| 8. conclusion and order granting transposition (Para 11) |
ORDER :
G.R. Swaminathan, J.
The second defendant in O.S.No.670 of 2004 on the file of II Additional District Munsif Court, Trichirappalli is the revision petitioner herein.
2. This revision petition is directed against the order dated 10.02.2023 dismissing I.A.No.4 of 2022 in O.S.No.670 of 2004 filed by the revision petitioner and the others for transposing themselves as plaintiff in the suit.
3. The learned counsel appearing for the revision petitioner reiterated all the contentions setout in the grounds of revision and called upon this Court to set aside the impugned order and grand relief as prayed for.
4. Per contra, the learned counsel appearing for the contesting respondent (second respondent) submitted that the impu
Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
Transposition of a defendant as a plaintiff under CPC requires the original plaintiff to withdraw or abandon the suit, ensuring no multiplicity of proceedings.
The main legal point established is that the transposition of a defendant as a plaintiff in a suit must fulfill the requirements under Order XXIII Rule 1-A of C.P.C, and the circumstances must warran....
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.
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
The main legal point established in the judgment is the requirement of commonality of interest for transposition under Order 1 Rule 10 CPC, the implications of Order 41 Rule 22 and Rule 33 CPC, and t....
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