A reading of the above provision makes it clear that the conditions for allowing the defendant to be transposed as a plaintiff arise where a suit has been withdrawn by the plaintiff or abandoned by him under Rule 1 of Order 23 CPC. In such a case if one of the defendant applies to be transposed as a plaintiff under Rule 10 of Order I, then the Court having regard to the question whether such defendant has substantial question to be decided as against any of the other defendants may allow such defendant to be transposed as the plaintiff. Admittedly, such contingency did not arise in this case, the plaintiff has not withdrawn the suit or abandoned under Rule 1, Order 23. Merely because in a partition suit, one of the defendant is sailing with the plaintiff or has admitted the claim of the plaintiff it does not mean that such defendant has to be trespassed as a co-plaintiff and it is not the purport of Order 23, Rule 1A CPC. However the interest of the parties can be protected by directing the 11th defendant to crossexamine the plaintiff witness before other defendants cross-examine those witnesses. However, the petitioners may make a request the
