Change of plaintiff as defendant
CHAUHANMA
(Querist) 07 March 2012
This query is : Resolved
Can a civil court change the status of plaintiff to be the defendant?
Kirti Kar Tripathi
(Expert) 07 March 2012
Yes, The Civil Court either at own or on application of party can transpose the parties a party.
Deepak Nair
(Expert) 07 March 2012
Oh.
Thanks Mr. Tripathi. I was unaware of this.
But, what may be the grounds for this??
CHAUHANMA
(Querist) 07 March 2012
Dear Friend Kirti Kar Tripathi, Thanks for your prompt reply, actually I read it somewhere in Civil Procedure Code but I have forgotten the reference (Section, Order or Rule) I shall be much thankful to you if please send me the CPC reference. With best regards, M.A. CHAUHAN, Advocate..... chauhanma@yahoo.com
Adv.R.P.Chugh
(Expert) 07 March 2012
Court may at any time - transpose parties from P to D and the other way round.
Adv.R.P.Chugh
(Expert) 07 March 2012
O.1 R.10 CPC - as well as S.21 (2) of the Limitation Act.
#Mr.Nair : This is normally done - when one of the plaintiffs is not willing to join in the action and he is a necessary party then normally the other co-plaintiff would make him a pro-forma defendant, to sustain the maintainability of the suit. Since you cannot force a person to be a petition against his will he is made so. If at a later stage he changes his mind - the court transposes him.
Or there may be another example in the form when one of the defendants is the legal heir of the sole plaintiff - after whose death LR's are to be brought on record - in such case such defendant may be transposed as a plaintiff.
ajay sethi
(Expert) 07 March 2012
agree with bharat chugh
Deepak Nair
(Expert) 07 March 2012
Well and sufficiently advised by the learned experts above.
Raj Kumar Makkad
(Expert) 07 March 2012
Defendants can become plaintiff is not a doubtful situation and it is legal but how a plaintiff at his own motion can become defendant?
The author wants to know whether a plaintiff at his own motion can become defendant or not?
I am of the firm view that Order 1 Rule 10 of CPC or Order 21 of CPC do not permit such substitution of the plaintiff at his own motion/application to change his status as of defendant.
Even if a co-plaintiff may have different views then of other co-plaintiffs but his status cannot be changed.
