Law: Civil Procedure Code (V of 1908)

Section: -O. I, r. 10-

Civil Procedure Code (V of 1908)-------   -------O. I, r. 10-Power of Court to transpose party-Absolute though discretionary-Party can be transferred without its consent.   Order 1, rule 10 of the Civil Procedure Code, 1908 authorises the Court to make transpositions of parties and so a party can be transposed to the category of the plaintiff if the ends of justice require. This power of the Court is absolute though it is a discretionary one to be exercised where it is necessary for ends of justice and to avoid multiplicity of suits. No restriction is imposed on the Court by the provision of Order I, Rule 10 to transfer a party from one category to another without his consent, the power given to the Court is irrespective of the consent or want of consent.   Raja Bhupendra Narayan Sinha Bahadur v. Rajeswar Prosad Bhakat and ors. 53 C L J 137 rel.   Nirode Chandra Banerjee v. Profulla Chandra Banerjee and others 40 C L J 535 ;Brojendru Kumardas and others v. Govinda Mohan Das and others 20 C W N 752 ; Debendra Narayan Singh v. Narendra Narayan Singh and others 30 C L J 417 ; Bradish v. Gee 1 Kenyon, 73 ; 1 Ambler 229 ; Asad Rcza v. Wahidunnessa 30 C L J 231; Biraj v. Chinta 5 C W N 877 Krishna Chandra Goldar v. Mahesh Chandra Sahu 9 C W N 585 and Radha Kissen v. Lukhmi Chand 31 C L J 283 ref.   JUDGMENT   CHOWDHURY, J.-This appeal is by the plaintiffs in a suit for partition. The only point of law involved in this appeal and agitated before us is whether transposition of some of the defendants to the category of the plaintiffs is justified, and whether the learned Subordinate Judge was justified in dismissing the suit of the plaintiffs on the ground that transposition of some of the defendants to the category of plaintiffs is illegal holding that the suit at the instance of those transposed plaintiffs was not at all maintainable.   To understand the point involved in this appeal, a short statement of facts is necessary. Originally, one Parijan instituted the suit for partition as plaintiff, impleading, amongst others, defendants Nos. 12 and 13, who also prayed for a separate sham of their share in the properties. Subsequently,…