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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ALOK MATHUR
Ranjeet Singh – Appellant
Versus
Settlement Officer of Consolidation, District Barabanki – Respondent
| Table of Content |
|---|
| 1. property rights and claims regarding land inheritance. (Para 3 , 4 , 5 , 6 , 9) |
| 2. transposition of parties in appeal and requirements for collusion. (Para 8 , 10 , 11 , 12 , 21 , 24) |
| 3. rules for transposing parties as per the cpc. (Para 14 , 15 , 16 , 19 , 20) |
| 4. need for substantial proof in claims of abandonment. (Para 22 , 23 , 26) |
| 5. final dismissal due to lack of merit. (Para 27) |
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Somesh Tripathi, learned counsel for the petitioners as well as Sri Dev Prakash Mishra, learned Additional Chief Standing Counsel for respondent no. 1 and Sri Amar Deep Yadav on behalf of respondent no. 2.
2. The petitioners have approached this Court being aggrieved by the order dated 14/10/2025 passed by the Settlement of Consolidation whereby he has rejected the application of the petitioners, which is formed for being transposed as appellants before the Settlement Officer of Consolidation where the appeal preferred by some of the private respondents is under consideration in accordance with the remand order passed by this Court on 29/02/2024 in Writ Petition B No. 238 of 2024.
3. The facts in brief as submitted by the petitioners are that the dis
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.
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.
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....
Dismissal of prior suit for maintainability does not determine current rights, and failure to consider evidence results in perverse findings necessitating remand for proper adjudication.
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
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