IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20236 of 2011 Smt.Saminta Devi Versus Sri Ramashish Singh & Ors ---------------------------------- 3. 30.11.2011 Heard the learned counsel for the plaintiff petitioner. It appears that the plaintiff petitioner filed partition suit against the respondents. Thereafter the plaintiff filed an application under Order 23 Rule 1 of the Code of Civil Procedure seeking permission to withdraw the partition suit unconditionally. At this stage the defendant Nos. 2 and 3 filed application for being transposed as plaintiff in the suit. The court below by the impugned order dated 14.9.2011 allowed the application of the defendant Nos. 2 and 3 and transposed them as plaintiffs. The plaintiff has challenged this order. Admittedly, the suit is for partition and in partition suit it is well settled that all the parties are in the position of plaintiff and vise versa and, therefore, when the plaintiff withdrew from the suit the defendant Nos. 2 and 3 filed the application. After considering these facts and circumstances of the case, the learned court below has transposed them as plaintiffs. From perusal of the order it appears that no order has been passed regarding transposing of the plaintiff as defendant in the suit. 2 Considering the facts and circumstances of the case, I do not find any reason to interfere with the impugned order passed by the court below. In my opinion, the learned court below has rightly exercised the jurisdiction vested in it by law. However, it is made clear that the plaintiff petitioner shall be transposed as defendant in the suit. In the result, this writ application is dismissed. S.S. (Mungeshwar Sahoo, J.)