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NIDHI GUPTA
Kewal Krishan – Appellant
Versus
Sarabjit Singh – Respondent
| Table of Content |
|---|
| 1. overview of case filing and orders. (Para 1 , 2 , 3) |
| 2. arguments regarding transposition and interests. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's reasoning on necessity of respondent. (Para 13 , 14 , 15 , 16) |
| 4. dismissal of revision petition. (Para 17 , 18) |
JUDGMENT :
Nidhi Gupta, J.
Present revision petition has been filed by petitioner/plaintiff against the order dated 25.05.2018 (Annexure P5) passed by Ld. Additional District Judge, Hoshiarpur, whereby application filed by respondent No.1 for transposing him as appellant No.4 and to file his Memorandum of Appeal has been allowed.
2. Brief facts of the case are that the petitioner/plaintiff had filed a suit against the present respondents for possession by way of specific performance of the agreement to sell dated 06.12.2007 in respect of land described in the head note of the plaint, and in the alternative suit for recovery of Rs.4 lacs. Vide judgment and decree dated 30.10.2015 Annexure P1 the said suit was decreed in favour of the petitioner/plaintiff; against which respondents No.2 to 4 herein preferred an Appeal against the present petitioner and respondent No.1. During the pendency of this appeal,
Transposition of parties in legal proceedings requires shared interest; allegations of fraud can be considered within same proceedings to prevent multiplicity of litigation.
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 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 requires substantiation, as mere assertions of collusion or abandonment are insufficient; parties must demonstrate diligence and a clear interest in the outcome.
A party can be added or transposed in an appeal under Order 1 Rule 10 CPC if it is necessary to protect their substantial rights, ensuring effective adjudication without causing harm to existing part....
The main legal point established in the judgment is that the respondents could not have been arrayed as plaintiffs in the suit and that the application for additional written statement was not seekin....
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