https://www.taxtmi.com/caselaws?id=296744 A defendant in a partition suit may be transposed as a plaintiff under Order XXIII Rule 1-A CPC when the original plaintiffs withdraw or abandon the suit, including where dismissal is recorded as not pressed, if a substantial question remains to be decided against other defendants. Because each sharer in a partition action effectively occupies the position of a plaintiff for working out partition relief, abandonment by the original plaintiffs does not bar continuation by an interested defendant. The court may also restore the suit to file to give effect to that transposition right, including by invoking Section 151 CPC where necessary to prevent defeat of substantive rights on technical grounds. en-us Tue, 24 Oct 2000 00:00:00 +0530 Thu, 05 Aug 2021 15:19:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296744 A defendant in a partition suit may be transposed as a plaintiff under Order XXIII Rule 1-A CPC when the original plaintiffs withdraw or abandon the suit, including where dismissal is recorded as not pressed, if a substantial question remains to be decided against other defendants. Because each sharer in a partition action effectively occupies the position of a plaintiff for working out partition relief, abandonment by the original plaintiffs does not bar continuation by an interested defendant. The court may also restore the suit to file to give effect to that transposition right, including by invoking Section 151 CPC where necessary to prevent defeat of substantive rights on technical grounds. Case-Laws Indian Laws Tue, 24 Oct 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296744