AIR 1980 MADRAS 232 ::(1980) 93 MadLW 375 ::(1980) 2 MadLJ318

Madras High Court

Hon'ble Judge(s): Ramanujam , J

(A) Civil P.C. (5 of 1908) , S.107, O.23 R.1A— Transposition of respondent as appellant - Permissible. By virtue of Section 107 the Court can transpose a respondent as appellant under Order 23, Rule 1A when the appellant seeks to withdraw or abandon the appeal.(Para 5) (B) Civil P.C. (5 of 1908) , S.107, O.23 R.1A— Transposition of respondent as appellant - Scope of appeal likely to be widened - Transposition not permissible. Where there was likelihood of the scope of appeal being widened the Court would be reluctant to transpose a respondent as an appellant, Similarly, the appellate Court will not exercise its power of transposition and will not allow a respondent to be transposed to the category of an appellant, where the result of such transposition is likely to be that new grounds not common to the appellants already on the record may have to be determined for disposing of the appeal. AIR 1949 Pat 309, Rel. on.(Para 7) (C) Civil P.C. (5 of 1908) , O.23 R.1A— Transposition allowed in appeal after expiry of limitation for filing appeal - Appeal does not become time-barred vis-a-vis transposed respondent - S.21, Limitation Act not attracted. Limitatio....