Allowed

Premchand Chaudhary v. Raj Kishore Chaudhary and Ors.

Patna HC25 Jan 2017C.Misc./607/2016

Case brief

AI extract

What is this about?

The Patna High Court allowed two civil miscellaneous applications. It set aside orders permitting withdrawal of a partition suit and rejecting a defendant's application for transposition. The court mandated transposition of the defendant to plaintiff and vice versa, allowing the suit to continue.

What did the court decide?

Impugned orders set aside; defendant-petitioner transposed as plaintiff; plaintiffs-respondents transposed as defendant; partition suit allowed to continue.

Premchand Chaudhary Vs Raj Kishore Chaudhary and Ors. — Property and Title | Patna HC (2017)

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Patna High Court C.Misc. No.607 of 2016 (5) dt.25-01-2017 1

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.607 of 2016

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====================================================== Premchand Chaudhary .... .... Appellant/s Versus Raj Kishore Chaudhary & Ors .... .... Respondent/s ====================================================== with CIVIL MISCELLANEOUS JURISDICTION No.909 of 2016 ====================================================== Premchand Chaudhary .... .... Appellant/s Versus Raj Kishore Chaudhary & Ors .... .... Respondent/s ====================================================== Appearance : (In C.Misc. No.607 of 2016) For the Appellant/s : Mr. Rajesh Ranjan Kumar For the Respondent/s : Mr. (In C.Misc. No.909 of 2016) For the Appellant/s : Mr. Rajesh Ranjan Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER

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5 25-01-2017

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Heard the learned counsel for the petitioner and the learned counsel for the respondents in both the civil miscellaneous applications.

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It appears that partition suit was filed by the plaintiffsrespondents. The plaintiffs-respondents filed application seeking permission to withdraw the partition suit. The defendant-petitioner filed application for transposition as plaintiff in the suit. The court below allowed the application filed by the plaintiffs-respondents and permitted to withdraw the partition suit. The court below also

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Patna High Court C.Misc. No.607 of 2016 (5) dt.25-01-2017 2

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rejected the application filed by the defendant for being transposed as the plaintiff. Against the order allowing withdrawal of the partition suit, Civil Misc. No.607 of 2016 has been filed whereas against the order rejecting the application for being transposed as plaintiff, Civil Misc. No.909 of 2016 has been filed.

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It may be mentioned here that when the plaintiff is not desirous of contesting the partition suit, the defendant, if he is desirous of getting the property partitioned, he has got the right to be transposed as the plaintiff and accordingly, prior to permitting the withdrawal of the partition suit, he had filed an application. In such circumstances, the court below should have transposed the defendant-petitioner as plaintiff and the plaintiff-respondent as the defendant in the court below in partition suit and should have allowed the partition suit to continue but the court below wrongly rejected the transposition application and permitted the plaintiff to withdraw the suit.

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Thus, both the civil miscellaneous applications are allowed. The impugned orders are set aside. The defendantpetitioner is transposed as plaintiff in the partition suit. The plaintiffs-respondents are transposed as defendant in the partition suit.

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Saurabh/U

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(Mungeshwar Sahoo, J)

Premchand Chaudhary v. Raj Kishore Chaudhary and Ors.

Case brief

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Premchand Chaudhary v. Raj Kishore Chaudhary and Ors.

Case brief

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