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...has been filed against a preliminary decree in a partition suit. A partition suit stands on a peculiar footing. In a partition suit any of the party can claim transposition from the categ...in Schedule “C”, plaintiffs claimed undivided half share with Defendant 1 Ganesh Narain Mathur. There was also a claim for partition for other properties set out in the plaint. This suit ended in a...finding of the High Court that Appellants 2, 3 and 4 knew about the death of the deceased Respondent 1. This being a suit for partition of joint family property, parties are closely interrelated and it...
...observation made in the order dated 29th November, 2017 that while the applicant is alleging that the plaintiff has not taken any steps in the partition suit. The applicant did not apply for transposition in...for transposition of the said defendant as plaintiff on the ground that the plaintiff is not taking any steps in the suit. This application has been filed on the basis of an...protected by the order of the Honble Division Bench. In a partition suit everyone is a plaintiff and the carriage of proceedings will be with all the parties. The explanation...
.... A partition suit stands on a peculiar footing. In a partition suit any party can claim transposition from the category of defendant to the category of plaintiff and vice-versa. So long as the ...ORDERThe 1st respondent/plaintiff filed the suit for partition and separate possession against respondents 2 to 4 and the petitioner herein, who is the 5th defendant. The...petition papers.5. I do not find merit in the contentions raised by the learned counsel.6. The suit is one for partition and separate possession. The plaintiff, defendants 1...
...an order dated 1st September, 2009 has protected the interest of the applicant. The applicant/defendant says that the plaintiff has not taken any steps in the partition suit. The applicant has also not applied for transposition of...
...defendant no. 3 in a partition suit, is that the petitioners application for transposition of the petitioner to the category of plaintiff, in view of the plaintiff/opposite party no. 1 having...the application for transposition to the category of plaintiff filed by the defendant no. 3/petitioner in connection with Title Suit No. 693 of 2009, pending in the said court, as...allegedly neglected in conducting the suit, has been kept pending for an inordinately long period. In view of the nature of the order proposed to be passed, prior service of notice on the...
...transposition as defendants, the same would not prejudice the right of the petitioner herein to prosecute the suit and seek his share in the suit schedule properties. That apart in a suit for partition the...ORDERThe petitioner herein is plaintiff No. 1 in O.S No. 1814/06. The said suit was filed along with respondent Nos. 1 to 3 herein seeking partition and separate possession...transposition as defendants in the said suit and the same has been allowed by the trial court by order dated 14.7.2011 passed on I.A.6 (Annexure-E) The said order is assailed in this writ petition...
...legal heirs did not move the court for their substitution in the suit. On 22.01.2008, an application was filed by defendant no.8 for her transposition as plaintiff in the partition suit and for adding....67 in Title Partition Suit No.05 of 2006 have challenged order dated 17.02.2009 passed in the said suit. 2. Title Partition Suit No.5 of 2006 was instituted by Rabindra Sah for a.... Moreover, in a partition suit, primarily claim of the plaintiff for his share to the extent of 1/4th share in the suit schedule property would be adjudicated. No doubt, while adjudicating claim of the...
...and sisters were the plaintiffs. It was a suit for partition. In a suit for partition, the plaintiff is the defendant and the defendant is the plaintiff. Therefore, the question of transposition does...ORDERThe petitioner, who was the sole defendant in a suit for partition, has come up with the above revision challenging the rejection of his application for transposing him...petitioner herein. They filed a suit for partition and separate possession of their 9/10th share in the suit schedule property.4. The petitioner filed a written statement in the suit...
...17, 2000 for filing written statement by added defendant. The learned Civil Judge held as this was not a suit for partition there was no scope for transposition of a defendant as the plaintiff...rejected an application filed by the defendant No. 6 under section 151 of the Code of Civil Procedure for its transposition as the plaintiff in the said Title Suit No. 587 of 1982...defendant No. 6 in the said suit.7. On August 25, 2000 the purchaser, who was impleaded as defendant No. 6 in the said suit, applied for its transposition as the plaintiff on the...
.... Of course, there is no much difference in the status of plaintiff and defendant in a suit for partition. But, in so far as transposition is concerned, the very same rule is applicable invariably in...Principal Sub Court, Thiruvananthapuram.2. The suit was filed for getting a partition of the plaint schedule properties. The contention raised by the plaintiff is that, he is entitled to...allowed transposition of second defendant as additional second plaintiff and proceeded with the suit. The additional second plaintiff was allowed to give oral evidence as PW1 and on hearing both the parties...
.... Reasons assigned for transposition of petitioners/plaintiffs 1 to 4 as defendants in a suit for partition is not tenable. If the plaintiffs are entitled for any share in the suit properties, it is for...B.S Patil, J.:— Petitioners are plaintiffs 1 to 4 in O.S No. 350/2011. They filed the suit seeking partition along with Smt. Sumangala/3rd respondent herein who joined the plaintiffs as..., they filed an application seeking transposition of plaintiffs 1 to 4 as defendants 3 to 6 in the suit. The Court below has rejected the said prayer holding that there was no case made out by...
...the other plaintiffs and he cannot be compelled to prosecute the suit. He further submits that being a partition suit, he cannot walk away from the suit and there was no other option but to seek ...request of the learned counsel for the parties, the appeal is taken up for final disposal.
3. The set of four plaintiffs filed a suit for partition against the defendants. Evidence was...applications came to be filed one by plaintiffs 2 and 3 and another by plaintiffs 1 and 4, both seeking similar prayer for transposition of plaintiffs 2 and 3 as defendants in the suit. These applications...
...Ramgarh, Sikar whereby the petitioner-defendant No.1's (hereinafter 'the defendant No.1') application for transposition as plaintiff in the suit for partition, possession and injunction filed by the...for transposition moved by the defendant No.1.
Counsel for the defendant No.1 has submitted that in a partition suit, the status of the plaintiff and the defendant claiming a share in...plaintiff Smt. Savitri, now deceased and represented through her LRs has been dismissed.
The facts of the case are that the plaintiff filed a suit for partition, possession and injunction...
...were filed for impleadment and setting aside abatement by the legal heirs.
2. Transposition under Rule 1A of Order XXIII C.P.C. ordinarily be applied to a suit for partition or a common...already abandoned the appeal. As such, I.A. No. 1/2019 was filed for transposition of first respondent as co-appellant. But, subsequently he passed away on 18.3.2020. Thereon I.A. Nos. 1/2021 and 2/2021...interest involved with any defendant identical with that of plaintiff. But, Order XXIII Rule 1A does not, by itself, inhibit any right with a party to apply for transposition, especially when the...
...further submitted that in a suit for partition the parties can be transposed in the category of the defendant and the plaintiff according to situation. The transposition is frequent in such suits and thus...plaintiff.10. Law is well settled that in a suit for partition, the transposition of a party is frequent event and the Court even suo motu can transpose the defendant to the category of...Procedure for transposing him in place of the plaintiff who is not proceeding with the suit.3. The plaintiffs-opposite party 1st Set filed a suit for partition with regard to...
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held that in a suit for partition, any of the party can claim transposition from the category of the defendant to the category of the plaintiff and vice versa...Judge, Thanjavur are the revision petitioners herein. They questioned the order dated 23.07.2021 passed by the Court below permitting the fifth plaintiff to transpose himself as a defendant. 3.The suit...on hand is for partition. The Hon'ble Supreme Court in the decision reported in (1983) 2 SCC 132 (Bhagwan Swaroop Vs. Mool Chand...
...entitled to seek transposition, since, fundamentally, in a suit for partition, all the parties are plaintiffs and if the suit for partition is ultimately decreed, every person entitled to a share will be....
5. The learned counsel appearing for defendant No.10, on the other hand, contends that with the suit being one for partition, the defendant in such a suit would also be...plaintiff No.3, in view of the memo that she had filed adopting the defence of the other defendants who were opposing the plea of partition by the plaintiffs.
3. It is...
...for partition, the transposition of a party from one rank to a different rank is easier for the frame of suit and the cause of action etc., are not substantially altered. Therefore, from the point of...view of frame of suit, the transposition of a party in a suit for partition does not present difficulty.20. Section 2(11) CPC defines legal representative as:(i) a person...Calcutta High Court, as they were then, in Kedarnath v. Khaitan Sons & Company. But the present suit is a partition suit. Such a suit does not abate in its entirety because of the death of one of t...
...to represent the estate of deceased.19. In a suit for partition, the position of plaintiffs and defendants is interchangeable and stands on a distinct footing. In a partition suit, a party can claim...partition, the transposition of a party from one rank to a different rank is easier for the frame of suit and the cause of action etc., are not substantially altered. Therefore, from the point of view of...frame of suit, the transposition of a party in a suit for partition does not present difficulty.20. Section 2(11) CPC defines legal representative as:(i) a person who in...
..._ _ _ _ _ _ _ _ _._ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _6. In a suit for partition any of the party can claim transposition from the category of the defendant to the category...K. Kannan, J. (Oral):— In a suit for partition with reference to one item of property, the defendants have taken a lea that there are several other items of property which are enjoyed..., 1983 AIR (SC) 3555. In a suit for partition the position of plaintiff and defendants can be interchangeable. It is that each adopts the same position with other parties...