In cases of withdrawal of suit by the plaintiff under Order XXIII Rule 1A of CPC ........

Civil Procedure Code (CPC) 1908 Withdrawal and compromise of suits

Download Solution PDF

In cases of withdrawal of suit by the plaintiff, under Order XXIII. Rule 1A of CPC:

defendants cannot be transposed as plaintiffs

defendants can be transposed as plaintiffs under all circumstances

defendants can be transposed as plaintiff if substantial question is to be decided against any of the other defendants

_{either (A) or (B)}

छोटे Courses बड़े Results

Master Withdrawal and compromise of suits

Prepare through Micro-courses

Try Now

Explanation:

Rule 1-A of Order 23 'enables' a defendant to be transposed as plaintiffs under Order 1, Rule 10 where a suit is withdrawn or abandoned by the plaintiff under Rule 1 of Order 23. ' The Court shall have due regard to the question whether' the applicant has a substantial question to 'be decided as against any of the other defendants.