Bhadai Sharma v. Biltu Sharma
Case brief
What is this about?
Keywords: transposition of defendants as plaintiffs; Order 23 Rule 1(A) CPC; Order 1 Rule 10(1) CPC; withdrawal of suit/appeal under Order 23 Rule 1; abandonment of claim; substantial question to be decided against other defendants; partition suit; pro forma defendant; appeal as continuation of trial/suit; withdrawal of first appeal; Title Appeal No. 36 of 2011 (Additional District Judge-5th, Bettiah); Partition Suit No. 40 of 1994; relied_on R. Dhanasundari @ R. Rajeswari vs. A.N. Umakanth & Ors., 2019 (2) BLJ SC 331; High Court of Judicature at Patna; C.Misc. No.753 of 2023; decided 07-04-2025; oral judgment; NAFR; single bench; Arun Kumar Jha, J.; petitioner Bhadai Sharma; respondent no.1 Biltu Sharma; outcome: petition allowed, impugned order set aside, transposition application allowed.
What did the court decide?
Present petition stands allowed: the order dated 17.02.2023 of the learned Additional District Judge-5th, Bettiah in Title Appeal No. 36 of 2011 is set aside, and the petitioner's application dated 12.10.2022 for transposition as plaintiff in the appeal is allowed.