IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.9248 of 2011 Nawal Kishore Prasad Versus Kishori Lal & Ors ---------------------------------- 05. 03.08.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the defendant No.2-petitoner against the order dated 09.09.2009 passed by the learned Sub Judge IVth , Nawada in Title Suit No.138 of 2001/82 of 2009 whereby the learned Court below transposed the defendant No.6 as sole plaintiff on the ground that sole plaintiff had died and the defendant No.6 has purchased 1/4th share of sole deceased plaintiff. The learned counsel for the petitioner submitted that the defendant No.6 who was added subsequently has no right to continue the partition suit filed by the deceased plaintiff and moreover according to the learned counsel, prior to execution and registration of the sale deed in favour of defendant No.6, the property were gifted by the deceased plaintiff in favour of the wife of petitioner. 2 From perusal of the impugned order, it appears that the learned Court came to the conclusion that the sole plaintiff has died and the suit is for partition. The defendant No.6 was added on the basis of the sale deed as party in the suit. On the death of sole plaintiff, the defendant No.6 filed application for being transposed as plaintiff. It is well settled principle of law that a purchaser from co owner has right to file partition suit as has bee held by the Hon’ble Supreme Court in the case reported in 2009 (4) P.L.J.R. 225 Supreme Court. It is also well settled principle of law that in partition suit, everybody is in the category of plaintiff and everybody is in the category of defendant, and, therefore, the learned Court below has rightly transposed the defendant No.6 as plaintiff. In view of the above facts and circumstances, I, therefore, find no reason to interfere with the impugned order. Accordingly, this application under Article 227 of the Constitution of India is devoid any merit and accordingly it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.) 3