Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court
Case: Nalini @ Madhavi Madhukar Murkute v. Deepak Manohar Gaikwad and Ors.
Coram: Justice MM Sathaye
Case No.: Writ Petition No. 10012 of 2019
Court Observation: Transposition of a defendant can be permitted in case of part abandonment of the claim by the plaintiff, provided the defendant seeking transposition has identical interest with the plaintiff vis-a-vis both, contesting defendants and subject matter property. If there is a conflict of interest between plaintiff and defendant seeking transposition, in respect of even one defendant or in respect of even one of the suit property, then transposition of such defendant can not be permitted.
It is unimaginable that such suit can be permitted to proceed where one plaintiff wants to let go its dispute against some of the defendants in respect of some of the suit property and at the same time, defendant seeking transposition wants to proceed in respect of same subject property against the same set of defendants.
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Order 23 CPC
