O. 23 R.1A CPC | Defendants Cannot Be Transposed As Plaintiffs Without Substantial Question Of Law Or Abandonment Of Suit: Jharkhand High Court

The Jharkhand High Court reiterated that defendants cannot be transposed as plaintiffs under Order XXIII Rule 1A of the Civil Procedure Code (CPC) unless there is a substantial question of law or the suit's abandonment. The court emphasized that this provision ensures procedural fairness, protecting defendants from being unnecessarily pulled into a legal battle as plaintiffs without appropriate cause or justification. The ruling strengthens the principle of proper judicial procedure and limits arbitrary alterations to party roles in lawsuits.