VIJAY GUPTA Vs. SANJOY KUMAR GUPTA & ORS

JUDGEMENT

(1.) This revision is at the instance of the first defendant in a suit, inter alia for declaration that all the authorities of the said first defendant under a power-of-attorney given by the plaintiffs are ceased for ever from the date of execution of the revocation of the said power by the plaintiffs on November 05, 2012 and for other consequential reliefs. In such a suit, the first defendant/petitioner filed an application for being transposed to the category of plaintiff. By virtue of the impugned order dated November 13, 2017, the trial judge has rejected such application upon holding that there is no cogent ground to transpose the defendant no. 1 as plaintiff.

(2.) It is argued by the petitioner that the impugned order is entirely devoid of reasons and, as such, ought to be set aside on that score alone. In support of such proposition, the petitioner cites a judgment, reported at (Uniworth Resorts Limited vs. Ashok Mittal & Anr., 2007 4 CalHN 712), wherein it was inter alia held as follows:

(3.) Next, the petitioner submits that where plaintiffs do not oppose the prayer for transposition, there could not be any reason for the trial court to refuse such prayer. Since the carriage of proceedings lies with the plaintiffs, without any opposition from the plaintiffs, an application for transposition ought to be readily allowed. In support of such proposition, the petitioner relies on a judgment, reported at (Kiran Tandon vs. Allahabad Development Authority & Anr., 2004 10 SCC 745).