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

Order XXIII rule 1A directs the court considering a defendant’s transposition after withdrawal or abandonment to have regard to whether that defendant has a substantial question to be decided against another defendant. The application operates with Order I rule 10. There is neither an absolute prohibition nor an unconditional entitlement to transposition.

Current law: The relevant central CPC provision remains materially unchanged for the issue tested.