https://www.taxtmi.com/caselaws?id=468882 Order XXIII Rule 1A and Order I Rule 10 CPC can apply to an appeal where practicable because an appeal is a continuation of the suit. A respondent may seek transposition as appellant even after the appeal has been withdrawn or dismissed as withdrawn, and the request cannot be rejected merely because it was made in appellate proceedings. Dismissal of an earlier restoration application does not bar fresh consideration of transposition if there was no adjudication on that issue. The application was held maintainable, the rejection was not sustained, and the matter was required to be reconsidered on merits. en-us Thu, 03 Jan 2002 00:00:00 +0530 Mon, 25 May 2026 12:00:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468882 Order XXIII Rule 1A and Order I Rule 10 CPC can apply to an appeal where practicable because an appeal is a continuation of the suit. A respondent may seek transposition as appellant even after the appeal has been withdrawn or dismissed as withdrawn, and the request cannot be rejected merely because it was made in appellate proceedings. Dismissal of an earlier restoration application does not bar fresh consideration of transposition if there was no adjudication on that issue. The application was held maintainable, the rejection was not sustained, and the matter was required to be reconsidered on merits. Case-Laws Indian Laws Thu, 03 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468882