1 WP no.3758/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3758 of 2010 Suman Vijay Mahabaleshwar Since deceased Deepak Vijay Mahabaleshwar & Anr ... Petitioners versus Dhananjay Balkrishna Mahabaleshwar & ors. ... Respondents ... Mr. S.N.Chandrachood for the petitioner. Mr.M. Athalye for respondent no.1. CORAM : D.G. KARNIK, J. DATED : 21st July 2010 P.C. 1. By this petition, petitioner challenges the order dated 5 April 2010 passed by the learned Civil Judge, Sr. Division allowing the application by respondent no.1 (original defendant no.3) for transposing him as a co-plaintiff. The suit is a suit for partition. In a suit partition, all the defendants who claim to have share in the suit property, in a sense are the plaintiffs inasmuch as they also claim a share in the property. The respondent no.1 claims a share in the property and therefore, in that sense is a plaintiff. In a partition suit, if the plaintiff does not prosecute the suit in a proper manner, any of the defendants who has a share in the property has a right to be transposed 2 WP no.3758/10 as a plaintiff. In the present case, respondent no.1 has brought on record that the plaintiff had remained absent on a last few dates. He had also filed on record a medical certificate which shows that the plaintiff suffers from severe dementia. Taking this into consideration it was appropriate for him to be transposed as a plaintiff. 2. I see no error committed by the learned trial Judge in permitting transposition of respondent no.1 (original defendant no.3) as a plaintiff. Writ Petition is rejected summarily. (D.G. KARNIK,J.)