When Can Transposition Of Defendants As Plaintiffs Be Permitted? SC Answers [Read Judgment]

Ashok Kini

12 March 2019 8:51 AM IST

  • When Can Transposition Of Defendants As Plaintiffs Be Permitted? SC Answers [Read Judgment]

    "The powers of the Court to grant such a prayer for transposition are very wide and could be exercised for effectual and comprehensive adjudication of all the matters in controversy in the suit."

    In a judgment delivered last week, the Supreme Court has examined the scope of Rule 1A of Order XXIII CPC which deals with power of a court to permit transposition of defendants as plaintiff. The bench comprising Justice Uday Umesh Lalit and Justice Dinesh Maheshwari observed that, if the plaintiff is seeking to withdraw or to abandon his claim under Rule 1 of Order XXIII and...

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