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
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