TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a defendant can be transposed as a plaintiff under Order I Rule 10 of the Code of Civil Procedure, 1908, even when the suit has not been withdrawn or abandoned by the original plaintiff under Order XXIII Rule 1 of the Code of Civil Procedure, 1908.
Analysis: Order XXIII Rule 1-A applies where a suit is withdrawn or abandoned by the plaintiff and a defendant seeks transposition. However, the enabling power for transposition is contained in Order I Rule 10, which empowers the Court to order transposition where it is necessary for complete adjudication of the questions involved in the suit. The defendant sought transposition on the footing that her claim was identical to that of the plaintiff and that the plaintiff was not properly prosecuting the suit. In the circumstances, transposition was considered necessary to avoid multiplicity of proceedings and to ensure effective adjudication.
Conclusion: Transposition of the defendant as plaintiff was held to be permissible and justified under Order I Rule 10, and the revision petition was dismissed.
Ratio Decidendi: Transposition under Order I Rule 10 of the Code of Civil Procedure, 1908 is not confined to cases of withdrawal or abandonment under Order XXIII Rule 1-A, and may be ordered where it is necessary for complete adjudication of the suit.
TaxTMI 
TaxTMI 
