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Mahesh2010 (Occupation)     13 August 2009

About provision under CPC, 1908

 

Respected Members,
Please guide me about, Provisions under CPC, 1908 for transposing Defendant in a Regular Civil suit as a Plaintiff also, provide if any latest case law based on above provision.
 
 
With Generous Regards
Mahesh


Learning

 3 Replies

Kiran Kumar (Lawyer)     13 August 2009

hello Sir,

 

after quite a long time i ve seen someone coming for a typical civil procdure query.

 

well pls read O.23 R.1-A (inserted after 1976 amendment)

 

the application will be under O.1 R.10

 

i did move a similar application in High Court in a pending case a few years back.

kranthi kiran (Works In Judicial Department)     13 August 2009

Most of the states have incorporated a Sub Rule in O1 R10 of C.P.C. For example Karnataka Hiigh Court vide an amendment has incorporated  Sub Rule (6)  in O 1 R 10 of C.P.C, where under a palintff can seek to transpose him as defendant  as also a defendant can seek the Court to transpose him as Plaintiff. Look for the amendments carried out to O 1 R 10 C.P.C by concerned State High Court  Accordingly file an application under O 1 R 10( ) C.P.C

Shyam Ji Srivastava (Practising Lawyer)     16 August 2009

Dear

,

My learned friend Mr.Kiran Kumar is right.

 


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