AIR 1979 PATNA 58 ::(1978) BLJ 706 ::1978 BLJR 776

Patna High Court

Hon'ble Judge(s): Madan Mohan Prasad , J

(A) Civil P.C. (5 of 1908) , O.1 R.10(2)— Addition of parties or transposition of parties from one category to another when permissible, indicated - Plaintiff and defendant having conflicting case cannot be transposed as defendant and plaintiff until plaintiff is withdrawing from suit. O.1, R.10(2) permits transposition of parties from one category to another but such transposition is generally not allowed if nature of the suit is likely to be altered. Parties can no doubt be added as plaintiffs or defendants in order to avoid multiplicity of suits. But the addition must be necessary for final adjudication of the question in dispute. It does not permit misjoinder of causes of action. A person can be added as a co-plaintiff only when he can adopt the plaintiff's case. Persons having conflicting claims cannot be made co-plaintiffs. If the plaintiff and the defendant have conflicting case the question of making the defendant a plaintiff and the plaintiff a defendant does not arise until the plaintiff is withdrawing from the suit. Therefore when in a partition suit the claim of some of the defendants is contradictory to the case of the plaintiffs those defendants cannot be made plaintiffs and the plaintiffs the defendants until the plaintiffs are withdrawing from the suit. AIR 1921 All 184 and AIR 1964 Pat 508 and AIR 1947 Mad 395 and AIR 1977 Him Pra 73, Rel. o....