AIR 1979 PUNJAB AND HARYANA 10

Punjab And Haryana High Court

Hon'ble Judge(s): A. S. Bains , J

Civil P.C. (5 of 1908) , O.1 R.10— Transposition of defendant as co-plaintiff - When can be allowed. Where the plaintiff does not oppose the application of the defendant for transposition as co-plaintiff, the court shall allow it. Even otherwise, to avoid multiplicity of the litigation the courts can suo motu allow such transposition.(Para 2) An application was filed by the defendants under O.1, R.10 to transpose them as co-plaintiffs. There was no objection to the application by the plaintiff. However, the trial Court rejected the application on the ground that if it is allowed it would create clash between the plaintiffs inter se. Held that the rejection of the application was not justified. The question of clash between the plaintiffs inter se would have arisen if the plaintiff had opposed the application for transposition. (Case law discussed.)(Para 2) Anno : AIR Comm., Civil P.C. (9th Edn.), O.1, R.10, N.35.