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    <title>2018 (1) TMI 1779 - KERALA HIGH COURT</title>
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    <description>Dismissal of a suit as not pressed was treated as abandonment under Order XXIII Rule 1A CPC, so the defendant&#039;s request for transposition as plaintiff had to be considered on its merits. The court noted that the right to seek transposition does not depend on first reviewing or setting aside the abandonment order, because the provision is designed to protect a party with a substantial question to pursue against the other defendants. Rejection of the transposition application solely for want of review was therefore unsustainable, and the matter was remitted for fresh consideration in accordance with law.</description>
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      <description>Dismissal of a suit as not pressed was treated as abandonment under Order XXIII Rule 1A CPC, so the defendant&#039;s request for transposition as plaintiff had to be considered on its merits. The court noted that the right to seek transposition does not depend on first reviewing or setting aside the abandonment order, because the provision is designed to protect a party with a substantial question to pursue against the other defendants. Rejection of the transposition application solely for want of review was therefore unsustainable, and the matter was remitted for fresh consideration in accordance with law.</description>
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