C S KRISHNA IYER Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The short point that arises in this Civil Revision Petition is: Pending suit some of the plaintiffs defect and side with the defendants. What should the court do Can those plaintiffs be transposed as defendants Should not the court order separate trial

(2.) Plaintiffs 1 to 3 in a suit for a permanent injunction restraining defendants 1 and 2, a Coir Cooperative Society and its Secretary from trespassing upon the plaint schedule properties and committing mischief therein, are the petitioners in this Civil Revision. Plaint schedule properties A to E belong separately to plaintiffs 1 to 6. The defendant Cooperative Society doing soaking of cocanut husks and producing coir yarn attempted to take soaked husks into the lagoons in the plaint schedule properties and to process the same in the properties. Then the plaintiffs who own and possess separate portions of the plaint schedule properties, filed the suit as coplaintiffs as all of them had the identical cause of action against the same defendants and it arose from the same transaction. When the case came up for trial plaintiffs 4 to 6 who are respondents 3 to 5 in this Revision sided with the defendants and were not prepared to cooperate with the other plaintiffs, the petitioners in the Civil Revision. So the petitioners moved the Trial Court for transposing plaintiffs 4 to 6 as defendants. The Trial Court simply rejected the request holding that those plaintiffs 'could not be removed from the party array on the mere allegation of the other plaintiffs that they were siding with the defendants.' It is the above order of the Trial Court that has been challenged in this Revision.

(3.) O.1 R.1 and 2 of the Code of Civil Procedure, 1908 reads: