TMI Blog2000 (10) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... -A of the Code of Civil Procedure to contend that where a plaintiff has abandoned a case as done in the present case, the defendant has a right to be transposed as a plaintiff and to proceed with the suit. According to the learned counsel for the revision petitioners O. XX11I RI-A cannot be called in aid after the disposal of the suit. It is also argued that O. IX R. 9 of the CPC cannot be invoked by a defendant to the suit for restoration of the suit The transposition sought for by the 6th defendant was resisted on the ground that the suit is no more alive. 3.O. XXIII R.1-A of the CPC provides as follows: 1 -A. When transportation of defendants as plaintiffs may be permitted:- Where a suit is withdrawn or abandoned by a plaintiff un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but that does not stand in the way of a defendant working out his rights under O. XXIII R. I - A of the CPC so that unnecessary wastage of time and expenses can be avoided. It is pertinent in this regard that in the instant case the 6th defendant is a party who has already paid court bee for separate allotment of his share. If a fresh suit is directed, she may have to incur the same expense all over again. The suit is already 9 years old and if am fresh suit is directed, probably similar delay may be involved therefore also. 5. The learned counsel for the revision petitioners submits that the dismissal of the suit in the instant case was for the reason not pressed and that it cannot be taken as abandonment'. According to him. abando ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. If the prayer in I. A. No. 3993/97 is allowed as it is. a situation would be readied where the parties with rival and conflicting interests would come to be arrayed as co-plaintiffs. It is better in the interest of all parties that the plaintiffs who have abandoned the suit are transposed as defendants in view of the new developments. The proper order to be passed in I. A. No. 3993/97 is therefore to transpose the 6th defendant as a plaintiff and to transpose the plaintiffs who have abandoned the suit as defendants. 8. The prayer in I.A. 3993/97, in the circumstances, is allowed with the said modification. The suit is also restored to file. The court below will allow the 6th defendant to bring in necessary amendments to the plaint c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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