Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. I. R.10---Transposition of party---Meaning---Power of Court to transpose a party---Scope and purpose---Types of suits, wherein transposition can be allowed---Effect of transposition on pleadings, character or nature of suit---Principles. Transposition of party, in legal parlance means to alter or change the order or position of a party usually opposite from the position earlier held i.e. from plaintiff to defendant or vice versa as the case may be. Power to transpose a party emanated from power to add, implead or strike out a party as conferred on Courts under Rule 10 to Order 1, C.P.C. Such powers are exercisable by the Court either suo motu or on the application of any of the parties to the proceedings. Transposition of parties is generally allowed liberally by the Court in order to avoid multiplicity of litigation between the parties to a proceedings and to bring to an end the controversy or lis before the Court. Generally transposition is allowed in legal proceedings, where parties are accountable to each other out of the same or same series of transactions which are subject-matter of suit, like for instance suit for accounts between partners, suit for administration between the legal heirs, suit between the co­-owners/joint owners of the property or where interest of any party in same group becomes hostile inter se and becomes common with the interest of opposing parties or where interest of one party devolved, assumed, assigned or transferred unto another party in the opposite group or otherwise. Where Court orders transposition of parties either at the motion of any one party or suo motu it merely places a party on one side to opposite side or allow any party to interchange or exchange their position with one another, such exercise of transposition does not affect the pleadings, complexion, character or nature of the suit. Foundation of the controversy remains the same. Central Government of Pakistan and others v. Suleman khan and others PLD 1992 SC 590 and Muhammad Qasim Khan and 6 others v. Mst. Mehboob and 6 others 1991 SCMR 515 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 36---Execution of…

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