Civil Rev. 3914 OF 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 3914 OF 2008 Date of decision: 18.8.2009 Jalbir Singh Petitioner vs Davender Singh & Others Respondent Present Mr. Ravinder Hooda, Advocate M.M.S.BEDI,J. Vide order dated 28.5.2008 the learned Civil Judge (Jr.D.) , Rohtak has allowed the application filed by defendant No.11 for being impleaded as plaintiff. The relevant facts of the case are that plaintiff Jagbir Singh and others had filed a suit for declaration and permanent injunction to the effect that the mutation in favour of defendants 1 to 3 was illegal and not binding on the rights of the parties. The suit was contested by defendants 1 to 3 only. When the case was at the stage of recording of defence evidence, the matter was sent to Lok Adalat where the plaintiffs and the contesting defendants compromised the matter. So far as defendant No.11 was concerned, he had admitted the claim of the plaintiff earlier and he was only a proforma defendant. The application of defendant No.11 has been allowed and he has been permitted to be transposed as plaintiff only on the ground that if the defendants and the plaintiffs compromise the matter, it will affect his rights, therefore, for complete adjudication of the suit and for avoiding multiplicity of proceedings, the transposing of defendant No.11 was allowed. Civil Rev. 3914 OF 2008 2 I have heard learned counsel for the petitioner. No one has put in appearance on behalf of the respondents despite service. The trial court has ignored the fact that defendant No.11 was a proforma defendant and that he had admitted the claim of the plaintiffs. By permitting him to be transposed as plaintiff after the plaintiffs compromised the matter with defendants 1 to 3, he will be permitted to resile out of the admission made by him. The defendant, if aggrieved by any civil wrong committed against him, he has an independent right to avail the legal remedy, available to him but transposition in the present case, where he has been permitted to withdraw his admission in a case, which was filed long time back i.e. in the year 1997 does not seem to proper. In view of the above, the revision petition is allowed and the impugned order dated 28.5.2008 is hereby set aside. August 18 ,2009 ( M.M.S.BEDI ) TSM JUDGE