civil
Querist :
Anonymous
(Querist) 03 December 2010
This query is : Resolved
a plaintiff co. is converted into another co. during pendency of suit for recovery of money fro, defendant. So plaintiff filed aplication under order 1 rule 10 of civil procedure code for joining that co. as a party, which was rejected by the court. Plaintiff didn't filed any revision agaisnt that order in appellate court. Now the matter is on judgement. defendant argued that as plaintiff is not in existence suit is liable to be rejected. Whether suit is liable to be rejected?
Y V Vishweshwar Rao
(Expert) 03 December 2010
No - the Change in the name of the Company not ground to dismiss the suit !The Converted Company will acquire all claims s , rights of the old Co and the change in the name of the Company to be recorded by the Court by adding after the plaintiff i.e;- that ---- Co now converted as ----- Com . No other third party is involved.
Y V Vishweshwar Rao
(Expert) 03 December 2010
Order 22 Rule 10 C P C , In other cases of an assignment, creation or devolution of any interest during the pendency of the suit , the suit may be,by leave of the Court ,be continued by or against the person to or up on whom such interest has come or devolved .
Y V Vishweshwar Rao
(Expert) 03 December 2010
You can also file a petition to re-open the Suit and file a petition U/o 22 Rule 10 CPC to bring on records and to carry out the name of the Com which is converted /reconstituted with new name .
s.subramanian
(Expert) 03 December 2010
I fully agree with Mr.Rao.
Advocate. Arunagiri
(Expert) 03 December 2010
The name of the company was changed during the pendancy of the suit, no need to add the new company name as a party. Any order passed by the court will bind the company even after the name change.
But, the company changes its name before the commencement of the suit, then they can inform the court regarding the name change and amended plaint should be filed if the court orders.
