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RAVI NATH TILHARI
Daggubati Yeeswara Krishna Mohan – Appellant
Versus
M. V. Satyanarayana Rao – Respondent
JUDGMENT
Heard Sri M. R. S. Srinivas, learned counsel for the petitioner and Sri Ch. Markondaiah, learned counsel for the respondents, and perused the material on record.
2. This civil revision petition under Article 227 of the Constitution of India has been filed by the 1st defendant in O.S.No.104 of 1995 (in short ‘suit’) pending in the Court of the V Additional Senior Civil Judge (Senior Division), Vijayawada (in short ‘learned Court’). Muggula Ganga Ratnam, the mother of the present respondents No.1 to 6, filed O.S.No.104 of 1995 against Dhaggupati Yeeswara Krishna Mohan, 1st defendant in the suit/present petitioner for possession of the plaint schedule property and for future profits from the date of the suit till the date of delivery of possession after ejecting the 1st defendant and his tenants, with other consequential reliefs.
3. The plaintiff Muggula Ganga Ratnam died. The case of the 1st defendant in the suit/present petitioner was that the husband of the plaintiff Muggula Ganga Ratnam had entered into an agreement of sale with him.
4. Learned counsel for the petitioner submitted that the 2nd defendant in the suit/1st respondent herein filed I.A.No.539 of 2011 under Orde
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.
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....
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 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Transposition of parties in a suit may be allowed even if the plaintiff has not withdrawn the suit, to prevent multiplicity of proceedings and ensure justice.
A transposed plaintiff cannot change the entire cause of action; a fresh suit must be filed for new claims.
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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