SULEMANJI SANIBHAI Vs. ABDE ALI

JUDGEMENT

(1.) PLAINTIFFS in a suit for declaration are the revision petitioners herein.

(2.) ALLEGING that they had obtained lease of the disputed land from the Government and they permitted the first defendant to construct a building therein and further alleging that he had purported to sell the building and the site thereof without authority, to defendants 2 to 6, the plaintiffs filed a suit for declaration that the sale -deeds so executed are null and void and for consequential permanent prohibitory injunction. The first defendant filed a written statement opposing the plaintiffs' claim. The defendants 2 to 6 also filed their written statement supporting their derivative title from the first defendant. On 7.4.1993, plaintiffs filed an application under Order 23 Rule 1 C.P.C. seeking to withdraw the suit. On 8.4.1993, defendants 3, 5 and 6 filed an application under Order 23 Rule 1A seeking to be transposed as plaintiffs to continue the suit. Lower Court heard both these applications and allowed both the applications. The effect is that so far as the plaintiffs are concerned, the suit is withdrawn by them and so far as the defendants 3, 5 and 6 are concerned, they are transposed as plaintiffs and the erstwhile plaintiffs are transposed as defendants. Plaintiffs being aggrieved by order passed against them under Order 23 Rule 1A C.P. C. have filed this revision.

(3.) RULE 1A was incorporated in Order 23 by the Amendment Act No. 103 of 1976. By the same Act, certain changes though not material were brought about in Rule 1. Sub -rule 1 of Rule 1, as it existed before amendment stated thus: