KD 04 February 2017

Change in cause title/plaint

I have filed a civil suit against a private limited company for declaration and cancellation of an agreement for sale (which was a false agreement never signed by me) in Calcutta High Court Original side in the year 2011. The opposite party has served us documents stating the private limited company against whom I have filed the suit, has since been merged in a public limited company in the year 2015.

My question is whether I should ammend the cause title in the suit filed by me replacing the name of old defendent with the name of the new company ? The case is coming up for hearing as undefended also. Kindly advice

Thanks

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2 Replies

Suri.Sravan Kumar (senior) 04 February 2017

Its better to amend the cause title of the suit. No prejudice will cause to you if you amend the cause title of the plaint.

KD 06 February 2017

But sir, will the defendents get an opportunity to contest if we ammend the plaint/cause title. Because the Original side calcutta High Court has passed an order for ex parte hearing and an application by the defendents to call off that order has also been dismissed. Our prayer is for cancellation /declaration of the false agreement as void. Your comments sir