Search Results for "Transposition of Parties"

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High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

Supreme Court

Supreme Court Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Transposition Application in Trust Dispute. Petitioner Failed to Establish Entitlement to Transpose Respondents as Plaintiffs Under Order I Rule 10 CPC.

13 Apr 2015

The petitioner, Sri D V Siddalingappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 05.01....

High Court

Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

30 Mar 2015

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...

High Court

Bombay High Court Allows Writ Petition Challenging Transposition of Defendants as Plaintiffs in Suit Under Bombay Public Trust Act. Consent of Charity Commissioner Under Section 51 of Bombay Public Trust Act, 1950 Held Mandatory for Filing Suit Under Section 50; Transposition Cannot Bypass Statutory Requirement.

29 Jul 2013

The petitioners, original plaintiffs in Regular Civil Suit No.1532 of 2000, challenged an order dated 3.1.2004 passed by the 5th Joint Civil Judge, J....

High Court

Bombay High Court Allows Appeal Against Transposition of Defendants as Plaintiffs in Abated Suit — Order I Rule 10 CPC Cannot Be Used to Circumvent Abatement Under Order XXII CPC. The court held that after the suit abated due to the death of the sole plaintiff, only her legal representatives could apply to set aside abatement, and defendants who were not legal representatives could not be transposed as plaintiffs.

4 Mar 2013

The case arises from a suit filed in 1993 by two plaintiffs, Sitabai and Mathurabai, seeking declarations regarding the invalidity of certain Release ...

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