Supreme Court · 2022 INSC 210 · Decided 21 February 2022

Azgar Barid (D) BY LRS. v. Mazambi @ Pyaremabi and Others

Court
Supreme Court of India
Citation
2022 INSC 210 · [2022] 3 S.C.R. 1099
Case number
CIVIL APPEAL No. 249/2010
Decided
21 February 2022
Bench
L. NAGESWARA RAO, BHUSHAN RAMKRISHNA GAVAI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

Appeal - Second Appeal - Suit for partition - Objection of appellant-defendant that since plaintiff Nos.4 to 8, whose claim was denied by the trial court and who had not challenged the same by way of appeal, were not entitled to relief in second appeal - Held: In a suit of the plaintiff and the defendant can be interchangeable - Each party adopts the same position with the other parties - So long as the suit is pending, a defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)