2011 AIR CC 821 (KAR) ::2011 (1) AIR Kant HCR 486 ::2011 (1) AIR Kar R 486 ::(2012) 1 CurCC 476 ::AIR 2011 (NOC) (SUPP.) 336 (KAR) ::(2011) 3 ICC 777 ::(2011) 4 Kant LJ 269

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Civil Procedure Code (5 of 1908) O. 1, R. 10(6); O. 23, R. 1A; R. 3— Transposition of defendants as plaintiff — Suit for partition — Plaintiffs seeking dismissal of suits as settled out of Court — Plaintiffs never chose to present any settlement deed or terms of settlement prompting withdrawal — In such situation, defendants seeking transposition as plaintiff would have substantial interest in suit — Held entitled to be transposed as plaintiffs in suit (Para 6)