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SUSHRUT ARVIND DHARMADHIKARI
Anil Tiwari S/o Late Naval Kishore – Appellant
Versus
Laxmi Devi (Dead) through LRs. Mahendra Tiwari – Respondent
ORDER :
1. Heard on the question of admission and interim relief.
2. In this petition, under Article 227 of the Constitution of India, the petitioner has called in question the legality, validity and propriety of the order dated 01.09.2022 (Annexure-P/7) passed in Civil Suit No. 272-A/2016 by the 4th Additional Civil Judge to the Court of First Civil Judge, Senior Division, District Rewa whereby application filed by the petitioner/LRs of defendant No. 4 under order 23 Rule 1-A read with Order 1 Rule 10 of the C.P.C. for transposition as plaintiffs has been dismissed.
3. The brief facts leading to filing of the case are that respondent Nos. 1 to 5-plaintiffs filed a civil suit on 24.09.2009 for declaration and permanent injunction in respect of one half share in the lands bearing Khasra No. 62, area 7.19 acres, Khasra No. 63, area 0.48 acres, Khasra No. 74, area 0.21 acres, Khasra No. 75, area 6.06 acres, Khasra No. 78, area 1.55 acres, Khasra No. 79, area 0.28 acres, total area 15.77 acres, situated in Village Badraon, Tehsil Huzur, District Rewa and in the alternative they be declared as Bhumiswami in respect of 1/6th share in the lands shown in schedule B attached to the plaint. The
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
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.
Transposition of a defendant as a plaintiff under CPC requires the original plaintiff to withdraw or abandon the suit, ensuring no multiplicity of proceedings.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
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