KASHIBAI AMBEKAR Vs. VASANTHRAO HANUMANTHRAO AMBEKAR

JUDGEMENT

(1.) THIS revision petition is by the plaintiffs challenging the order dated 2-2-2001 passed by the II Additional Civil Judge (Junior Division), Dharwad, in O. S. No. 427 of 1997 on the application (I. A. No. 5) filed under order 1, Rule 10 (2) of the Code of Civil Procedure.

(2.) THE facts of the case in brief are. That the plaintiffs filed a suit for partition and separate possession of their half share. It appears that in the said suit the defendant admitted the share of the plaintiffs and on that admission, the plaintiffs got withdrawn the suit. Thereafter, the defendant has filed the application (LA. No. 5) under Order 1, Rule 10 (2)of the Code of Civil Procedure to transpose himself as plaintiff in the suit. Since the said application has been allowed, the petitioners are now before this Court.

(3.) THE only question that arises for my consideration is whether the defendant can maintain the application filed under Order 1, Rule 10 (2)of the Code of Civil Procedure, to transpose himself as one of the plaint iffs in the suit which has already been disposed of?