2006 (2) TMI 731

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edule properties contending that the said property belongs to their late father B. Rajaram. The respondent No. 1, respondents 3 and 4 herein are the defendants 12, 13 and 14 respectively, in the suit. 3. The defendants 12 to 14 filed a common written statement claiming their 1/8th share each in the suit schedule properties. The defendants 1 to 11 contested the suit claim disputing the entitlement of the plaintiff and the defendants 12 to 14 on the ground that the suit schedule properties are their exclusive properties. 4. After the issues were settled, while the suit was coming up for trial, the defendant No. 12/the 1st respondent herein filed I.A. No. 1804 of 2005 under Order 1 Rule 10 of C.P.C. to transpose her as plaintiff in the s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Court has to consider such application having due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants. 8. Rule 1-A of Order XXIII of Civil Procedure Code runs as under: 1A. When transposition of defendants as plaintiffs may be permitted.-Where a suit is withdrawn or abandoned by a plaintiff under Rule 1, and a defendant applies to be transposed as a plaintiff under Rule 10 of Order 1, the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants. 9. On a plain reading of Rule 1-A of Order 23 of C.P.C., it is clear that the said p....