Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
R.S.Venkatesan – Appellant
Versus
K.Subash – Respondent
ORDER :
S. SOUNTHAR, J.
1. The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioners/defendants 19 & 21 seeking to transpose them as party plaintiffs in the suit.
2. The respondents 1 and 2 and deceased Kandapiraan and Krishnasamy filed a suit seeking declaration of 1st defendant society's title over the suit “B” Schedule Property and for consequential permanent injunction restraining the defendants 2 to 14 from creating any cloud over the title of suit “B” schedule property. The plaintiffs also sought for various declarations regarding the invalidity of compromise agreement dated 12-11-2006, sale agreement dated 12-11-2006, various sale deeds etc., The plaintiffs also sought for permanent injunction restraining the defendants 16 and 17 from issuing NOC with regard to ‘B’ schedule property. They also sought for injunction restraining the 18th defendant from issuing approval for the layout in suit ‘B’ schedule property. Subsequently, the petitioners were impleaded as defendants 19 and 21 in the suit. Now, the instant application has been filed by the petitioners seeking their transposition as plaintiffs in 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Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
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....
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.
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....
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
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
