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In cases of withdrawal of suit by the plaintiff, under Order 23, Rule 1A of CPC

A defendant may be transposed as plaintiff after the original plaintiff withdraws or abandons the suit. Under Order XXIII Rule 1A, the court considers whether that defendant…

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In cases of withdrawal of suit by the plaintiff, under Order 23, Rule 1A of CPC

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A defendant may be transposed as plaintiff after the original plaintiff withdraws or abandons the suit. Under Order XXIII Rule 1A, the court considers whether that defendant has a substantial question to be decided against another defendant. Transposition therefore depends on the remaining dispute; it is neither automatically prohibited nor available in every circumstance.

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