[1A.When transposition of defendants as plaintiffs may be permitted.—Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff under rule 10 of Order I, the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants.]
Amendment notes
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
Where a plaintiff withdraws or abandons a suit under rule 1 and a defendant applies to be transposed as a plaintiff under rule 10 of Order I, the Court must, in deciding that application, consider whether the applicant has a substantial question to be decided against any of the other defendants. This rule was inserted by the 1976 amendment.