NIRMALYA CHANDRA GANGULI, SON OF LATE NIHAR CHANDRA GANGULI Vs. ANITA GOPE MICHIYARI, WIFE OF ALOK KUMAR MICHIYARI

JUDGEMENT

(1.) The petitioner, defendant in Title (Eviction) Suit No. 94 of 2000, is aggrieved of order dated 11.08.2010 by which plaintiff no. 2 has been transposed as performa defendant on an application filed by the plaintiff no. 2 under Order XXIII Rule 1-A CPC.

(2.) Plea raised by the petitioner is that Order XXIII Rule 1-A CPC does not permit transposition of a plaintiff as defendant.

(3.) Order XXIII Rule 1 CPC provides that at any stage of the suit the plaintiff may abandon the suit against all or any of the defendant or abandon whole or part of his claim against one or several defendants. Rule 1-A to Order XXIII CPC provides that when the plaintiff abandons or withdraws the suit, on an application of the defendant if the Court forms an opinion that a substantial question in respect to one or other defendants is required to be decided, the defendant may be transposed as a plaintiff in the suit.