execution / CPC

Querist : Anonymous (Querist) 10 August 2010 This query is : Resolved

Query:
There are two plaintiffs for a recovery suit. one is a company and other is a individual who is the promoter of the company.
Now a decree has been issued against the defendants and in favour of the plaintiff.
Now the issue is that before the decree was passed the name of the comapny was changed.
Now the Decree holder plans to file execution of the decree.
Now the name of the company is in issue???
How should the execution be filed with the name of the company changed before the decree was passed???

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Y V Vishweshwar Rao (Expert) 10 August 2010
You can mention the name of the plaintiffs as shown in the Decree and further add that the Plaintiff company name is changed by proceeedigns( file ROC Proceedigns Copy) and the New name of the Company/Decree is ----------------------, ----Decree- Holder

R.Ranganathan (Expert) 10 August 2010
I agree with Mr. Vishweshwar Rao. Further in the short cause title also you can state the Plaintiff as (previous)name of the company (and) now changed to new name. Ex: XYZ Company now changed and known as ABC Company

s.subramanian (Expert) 10 August 2010
yes.i concur with mr.rao.

Guest (Expert) 10 August 2010
KINDLY NOTE THAT BEFORE THE PASSING OF DECREE THE NAME OF THE CO.WAS CHANGED,THEN WHY THE FACT WAS NOT BROUGHT TO THE NOTICE OF COURT BY MAKING APPROPRIATE APPLICATION.
YOU MAY FILE A REVIEW APPLICATION AND MAKE AN APPROPRIATE APPLICATION TO THE COURT AND GET THE CORRECTIONS AS DESIRED.

ALTERNATELY YOU MAY PROCEED AND FILE EXECUTION APPLICATION MENTIONING THE FACTS.BUT KINDLY NOTE THAT THE OTHER SIDE MAY TAKE CHANCE AND FILE OBJECTION FOR THE SAME.
GOOD LUCK.

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