NDLI: R. Dhanasundari @ R. Rajeswari Vs. A.n. Umakanth & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	partnership firm CPC Or. XXIII deletion and substitution of parties r.10 addition r.1-A r/w Or. I
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 – Or. XXIII, r.1-A r/w Or. I,r.10 – Property in question purchased in the name of partnership firm of the plaintiff and defendant no.1 – Firm dissolved– Property vested with the plaintiff– Suit filed by the plaintiff for cancellation of the sale deed, executed by defendant no.1, in favour of defendant no.2-appellant, allegedly despite having relinquished rights in the suit property – Plaintiff died, his 3 sons and 4 daughters impleaded as plaintiff nos.2 to 8 – Plaintiff no.5-respondent no.1 given power of attorney by his siblings – Suit decreed ex-parte – Decree set aside, suit restored – In the interregnum, plaintiff no.5 sold the suit property to respondent nos.2 to 4, who moved application for being impleaded as plaintiffs –Allowed, joined the suit as plaintiff nos.9 to 11– Plaintiff nos.2 to 4& 6 to 8 revoked plaintiff no.5’s power of attorney and moved application for transposition of plaintiff no.5 and plaintiff nos.9-11 as defendants – Allowed, plaintiff nos.5 and 9-11 transposed as defendant nos.3 to 6 – Plaintiffs sought withdrawal of suit –Objected by defendant nos.3-6 who also filed application u/Or. XXIII,r.1-A r/w Or. 1, r.10 for transposition as plaintiffs – Allowed – On appeal, held: Or.1, r.10 provides for addition, deletion and substitution of parties and the proposition for transposition of a party from one status to another, by its very nature, inheres insub-rule(2) of r.10 of Or. 1– u/Or. XXIII, r.1, plaintiff may seek permission for withdrawal of suit or abandonment of part of claim– Rule 1-A thereof deals with an eventuality where the plaintiff withdraws his suit or abandons his claim but a proforma defendant has a substantial question to be decided against the co-defendant – Powers of the Court to grant prayer for transposition are very wide – Principal cause in the suit is challenge to the sale deed executed by defendant no.1, with the original plaintiff asserting his ownership over the property– In the given status of parties, even if plaintiff nos.5 and 9 to 11 were transposed as defendant nos.3 to 6, their claim against defendant nos.1 & 2 did not come to an end and the suit remained essentially against the defendant nos.1 & 2– Interest of the existing plaintiffs as also the defendant nos.3 to 6 had been one and the same as against the defendant nos.1 & 2 – When the plaintiffs entered into an arrangement with defendant nos.1&2 and sought permission to withdraw the suit, the right of defendant nos.3-6 to continue with the litigation on their claim against defendant nos.1 & 2 immediately sprang up and they were entitled to seek transposition as plaintiffs u/Or.XXIII, r.1-A.Code of Civil Procedure, 1908 – Or. I, r.10 – Object of –Discussed.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 318
Petitioner	R. Dhanasundari @ R. Rajeswari
Respondent	A.n. Umakanth & Ors.
SCR	[2019] 4 S.C.R. 648
Judgement Date	2019-03-06
Case Number	7292

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