V N DHANASEKARAN Vs. V N CHANDRASEKARAN

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) This revision has been filed by the original plaintiff in O.S.No.330 of 2000. The suit has been filed for partition. Subsequently, defendant No.2 filed an application for being transposed as plaintiff. At that stage, the plaintiff wanted to withdraw the suit and filed a memo stating that he does not want to press the suit for the present. The trial court allowed the application filed by the defendant No.2 for being transposed as plaintiff. This is being challenged by the original plaintiff on the ground that when the original plaintiff does not want to press the suit the second defendant should not have been transposed as plaintiff.

(3.) Order 23 Rule (1-A) of the Code of Civil Procedure is as follows:-