https://www.taxtmi.com/caselaws?id=296743 In a partition suit, a defendant who seeks partition and separate possession by paying the prescribed court fee is treated as occupying the position of a plaintiff against the other parties. On that basis, the original plaintiff's right to withdraw or settle the suit is not absolute and cannot be used to defeat the contesting defendant's substantive claim. The proper course is to permit transposition of such a defendant as plaintiff so the partition dispute can proceed to adjudication. The article notes that this protects the pending claim to family property and prevents prejudice from unilateral withdrawal at a late stage. en-us Fri, 17 Aug 2001 00:00:00 +0530 Thu, 05 Aug 2021 15:15:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296743 In a partition suit, a defendant who seeks partition and separate possession by paying the prescribed court fee is treated as occupying the position of a plaintiff against the other parties. On that basis, the original plaintiff's right to withdraw or settle the suit is not absolute and cannot be used to defeat the contesting defendant's substantive claim. The proper course is to permit transposition of such a defendant as plaintiff so the partition dispute can proceed to adjudication. The article notes that this protects the pending claim to family property and prevents prejudice from unilateral withdrawal at a late stage. Case-Laws Indian Laws Fri, 17 Aug 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296743