R.S.VENKATESAN Vs. K.SUBASH

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioners/defendants 19 & 21 seeking to transpose them as party plaintiffs in the suit.

(2.) The respondents 1 and 2 and deceased Kandapiraan and Krishnasamy filed a suit seeking declaration of 1 st defendant society's title over the suit "B" Schedule Property and for consequential permanent injunction restraining the defendants 2 to 14 from creating any cloud over the title of suit "B" schedule property. The plaintiffs also sought for various declarations regarding the invalidity of compromise agreement dtd. 12/11/2006, sale agreement dtd. 12/11/2006, various sale deeds etc., The plaintiffs also sought for permanent injunction restraining the defendants 16 and 17 from issuing NOC with regard to 'B' schedule property. They also sought for injunction restraining the 18 th defendant from issuing approval for the layout in suit 'B' schedule property. Subsequently, the petitioners were impleaded as defendants 19 and 21 in the suit. Now, the instant application has been filed by the petitioners seeking their transposition as plaintiffs in the suit. The said application was dismissed by the trial court. Aggrieved by the same, the petitioners have come before this court.

(3.) The learned counsel for the petitioners submitted that the petitioners are members of the first respondent Society and in order to protect the interest of the first respondent society, the petitioners shall be transposed as plaintiffs. 3. Order XXIII Rule 1-A of CPC says under what circumstances a defendant can be transposed as a plaintiff. The same reads as follows.